17 Wis. 46 | Wis. | 1863
By the Court,
Upon the facts disclosed in this case, we do not think the garnishee was liable. Grant had not performed his contract at the time of service of process, and consequently it was impossible to say how much would be due him. It appears that he had been paid all that he was entitled to on the contract, if not more. Whether he would be entitled to anything further depended upon the time and manner of his completing the building. If he did not finish the stores and offices by the first of January, 1860, he was to pay Young such sum as the latter might have leased them for; while for the hall he was to pay at the rate of twenty dollars a day as stipulated damages, after the building was to be completed. With such stipulations in the contract, it was of course impossible to say what would become due him. What would be the amount coming to Young in consequence of the delay in performing the contract? Who could say that the damages arising from the delay in finishing the building might not amount to more than the part of the contract price which would remain unpaid ? And Grant might abandon the work altogether, in which event nothing would be due him. Our statute says that the garnishee, from the day of service of the garnishee process, shall stand liable to the plaintiff in attachment to the amount of the property, moneys and credits in his hands, and debts due or to become due from him to the de
We therefore think the garnishee was rightfully discharged. See Williams v. Androscoggin & Kennebec R. R. Co., 36 Me. R., 201; Harris v. Aiken et al., 3 Pick., 1; Kettle v. Harvey et al., 21 Vt., 301.
The judgment of the circuit court is affirmed.