On May 2, 1966, claimant, The Goodyear Tire and Rubber Company, filed its claim seeking payment for materials furnished to the Department of Public Works and Buildings, Division of Highways.
A stipulation was entered into by and between the parties hereto, which provided as follows:
“1. That materials were delivered to respondent at the special instance and request of the Department of Mental Health and the Highway Department;
‘ ‘ 2. That the statements attached to the complaint as exhibit A in the amount of $233.52 are due and owing;
“3. That, as a result of a delay in billing, payment was not made prior to the closing of the biennial appropriations ;
“4. That there is rightfully due claimant the sum of $233.52.”
The Court is of the opinion that the claimant is justly entitled to a refund, since funds appropriated for such payments by the Division of Highways have lapsed.
An award is accordingly made to claimant in the amount of $233.52.