(No. 1376

#### Armour and Company of Delaware, Claimant, vs. State of Illinois, Respondent.

Opinion filed December 5, 1928.

Harry B. Bogg, Jr., for claimant.

Oscar E. Carlstrom, Attorney General; Frank It. Eagle-ton, Assistant Attorney General, for respondent.

Mr. Justice Leech

delivered the opinion of the court:

A declaration filed in this case shows that Armour and Company of Delaware, a Delaware corporation, sold and delivered to the Department of Public Welfare of the State of Illinois, one barrel of Green Hospital Soap, weighing net, 434 lbs., at a price of per lb., or a total of $37.10; that the1 said shipment was delivered on the same day as ordered, i. e., the 14th day of May, 1925, and was in accordance with order No. 84276-A of said State Department.

Claimant further states that the amount of $37.10 has never been received by it or its agents.

The Attorney General of the State of Illinois files a statement with letter attached from Hon. B. W. Ide, Director of the Department of Public Welfare in which the statement is made:

> “Our storekeeper reports the receipt of merchandise, described in claim submitted by the above company.

> This account was not taken care of, inasmuch as the contractor failed to present itemized invoices in triplicate, during the period specified by appropriation governing same.”

*120There appears to be no question that this is a just claim and that the amount has never been paid to claimant.

We, therefore, recommend that an award be made to claimant in the sum of $37.10.