{
  "id": 2720184,
  "name": "Graybar Electric Company, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Graybar Electric Co. v. State",
  "decision_date": "1977-04-25",
  "docket_number": "No. 74-857",
  "first_page": "491",
  "last_page": "493",
  "citations": [
    {
      "type": "official",
      "cite": "31 Ill. Ct. Cl. 491"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 194,
    "char_count": 2914,
    "ocr_confidence": 0.842,
    "sha256": "979d3dd8d9b5fc75cd19fce20db82228473d25e693a85eeeb44dde7be83f3bdb",
    "simhash": "1:5b3ae1f3a919a343",
    "word_count": 485
  },
  "last_updated": "2023-07-14T21:56:35.411419+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Graybar Electric Company, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Spivack, J.\nClaimant seeks recovery from the State in the sum of One Thousand One Hundred Thirty-Four Dollars ($1,134.00) on account of one roll of electrical wire furnished on an emergency basis to the Illinois State Penitentiary at Vienna. Respondent defends upon the ground that the wire in question was a replacement for a defective roll previously paid for and returned. The return of the defective roll to Claimant is the only issue of fact, the determination of which is dispositive of the case at bar.\nThe matter was assigned to Commissioner Rath who conducted a hearing on June 27, 1975. Thereafter, the transcript of the evidence together with the Commissioner\u2019s Report was duly filed with this Court.\nThe evidence adduced showed that Claimant had informed the State Penitentiary that upon receipt of the defective \u2018reel of wire, full credit would be issued. Claimant\u2019s records failed to disclose actual receipt of the wire and also failed to disclose any refusal by the State to return the defective wire.\nRespondent\u2019s witnesses testified that arrangements were made to replace the damaged wire through Claimant\u2019s suppliers in St. Louis, Missouri. An employee of the Vienna Correctional Center was designated to drive an institutional vehicle to St. Louis, delivering the defective wire, and in return picking up the replacement wire. The evidence showed that the damaged wire was loaded onto the institutional truck by the employees at Vienna Correctional Center. The employee left with the damaged wire and returned the same day with a comparable roll of new wire of the same classification, size and configuration. The State employee who drove the damaged wire to St. Louis to pick up the new wire testified that he drove the wire to the premises of Claimant\u2019s supplier in St. Louis, unloaded the defective wire, and loaded a comparable spool of new wire which he then returned to the Correctional Center. The rolls of wire were of such a size that only one roll could be placed in the pick-up truck at a time.\nThe testimony of Respondent\u2019s employee to the effect that the damaged wire was returned to Claimant\u2019s supplier in St. Louis stands unrefuted and uncontradicted. The burden of proof falls upon the Claimant to prove by preponderance of the evidence the material allegations which constitute the claim. In the present case Claimants have failed to sustain their burden of proof; in fact, it might be observed that the preponderance of the evidence demonstrates that the damaged roll of wire was in fact returned to Claimant\u2019s supplier in St. Louis at the time that the new wire was picked up.\nThere are no questions of law to be determined in this case, and the sole question of fact going to the issues having been decided adversely to the Claimant. The claim is hereby denied.",
        "type": "majority",
        "author": "Spivack, J."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "(No. 74-857\nGraybar Electric Company, Claimant, vs. State of Illinois, Respondent.\nOpinion filed April 25, 1977."
  },
  "file_name": "0491-01",
  "first_page_order": 541,
  "last_page_order": 543
}