Wilcus v. Kling

Citations

• 87 Ill. 107

Syllabus

<p>1. Garnishment—money due after service of writ. Under garnishee process may be recovered money due or owing to the defendant in the judgment at the time of its service, or which may thereafter become due.</p> <p>2. Same—admission of money due by paying after service. Although a person may not be liable to be sued for money due from him for labor and materials used in the erection of a building, at the time he is garnisheed, for want of an architect’s certificate, yet it does not follow he owes nothing, and if he pays out money on orders drawn on him by the workman after service on him, this will be an admission that he owed the same, and from which a recovery may be had against him by the garnisheeing creditor.</p> <p>3. Contract—penally for delay in work. Although a building contract may provide for a penalty of $20 per day for every day’s delay in completing a house, still, in the absence of proof that the owner is damaged by the delay, nominal' damages only can be recovered.</p>