Zimmerman Land & Irrigation Co. v. Rooney Mercantile Co.

(after stating the facts as above). It is apparent that the only issue here involved is whether or not the court properly subjected said sum of $3,-801.38 to the payment of the judgments held by the Rooney Mercantile Company and in-terveners against the Baker Manufacturing Company. It is first contended that the fund in controversy was not owing by the garnishee. This is upon the theory that the fund was forfeited and lost by the Baker Manufacturing Company by reason of its failure to complete its construction contract. The fourteenth paragraph of this contract is quoted above, and is the…