Dundee Cement Company v. Howard Pipe & Concrete Products, Inc.

How courts have described this case

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

• holding that the district court did not abuse discretion by failing to hold hearing when amount claimed was “capable of ascertainment from definite figures contained in the documentary evidence or in detailed affidavits”
• holding that, with respect to a fraud claim that had been disposed of by a default judgment, a hearing was required on the issue of damages because the claim was not \capable of ascertainment from definite figures\
• noting that a damages hearing is unnecessary when “the amount claimed is liquidated or capable of ascertainment from definite figures contained in the documentary evidence or in detailed affidavits”
• noting liability established due to defendant's failure to respond and trial court not required to take additional evidence
• hearing on damages is not necessary if “amount 11 claimed is liquidated or capable of ascertainment from definite figures contained in the 12 documentary evidence”
• “Upon default, the well-pleaded allegations of a complaint relating to liability are taken as true.”

Source: CourtListener parenthetical corpus (CC0).