
    
      Opinion issued December 22, 1977
    
    S. B. WALLACE & COMPANY vs. DEPARTMENT OF CORRECTIONS
    (No. CC-77-119)
    S. B. Wallace & Company, a corporation, the claimant, by Lee A. Smith, President.
    
      Frank M. Ellison, Deputy Attorney General, for the respondent.
   RULEY, JUDGE:

This claim was submitted upon the pleadings by agreement of the parties. The respondent admits in its Answer that four invoices or bills for goods sent by claimant to the respondent represent valid claims in the total amount of $157.49, and that funds were available in respondent’s budget to pay for those goods. The claim for the fifth invoice, in the amount of $8.24, is barred by the five-year statute of limitations set forth in West Virginia Code §55-2-1. Accordingly, an award in the amount of $157.49 should be, and is hereby, made.

Award of $157.49.  