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U.C. Leasing, Inc. v. State ex rel. State Bd. Of Public Affairs

737 P.2d 1191, 1987 OK 43

Procedures to be followed by a state agency in acquisition of equipment are explicit. A lessor’s ignorance of, or compliance with, the procedural requirements of the Central Purchasing Act did not render an equipment lease agreement void for lack of procedural conformity. The court upheld a judgement against the state for accelerated lease payments after the state discontinued the lease agreement. Although the lease contained a non-appropriation clause, the court found no evidence that there were not funds appropriated to pay lease rentals as accrued and due. Where a person or entity enters into a valid contract with the proper state officials and a valid appropriation has been made therefor, the state has consented to be sued and has waived its governmental immunity to the extent of its contractual obligations and such contractual obligation may be enforced against the state in an ordinary action at law.  See 74 O.S. §§85.4 and 85.5.

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