Colonial Bank v. Boulder Bankcard Processing, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[d]amages are liquidated when they are an amount certain and fixed, either by the act and agreement of the parties, or by operation of law; a sum which cannot be changed by the proof’ (quotation marks omitted)
• vacating trial court’s order and remanding for determination of attorney fees award where trial court erroneously relied on OCGA § 13-1-11
• affirming trial court’s award of interest under OCGA § 13-6-13 on summary judgment
• “In actions for unliquidated damages arising out of breach of contract, it is within the discretion of the factfinder to increase the amount of damages by an allowance of interest”
• “Damages are liquidated when, they are ‘an amount certain and fixed, either by the act and agreement of the parties, or by operation of law; a sum which cannot be changed by the proof; it is so much or nothing.’ ”

Source: CourtListener parenthetical corpus (CC0).