Bouten Construction Co. v. H.F. Magnuson Co.

Justice SCHILLING,

Pro Tern., concurring in part and dissenting in part.

I concur with the Court’s opinion except that I respectfully dissent from Sections D and E. In my view, the additional costs claimed by Bouten were capable of ascertainment for purposes of the District Court’s award of pre-judgment and interjudgment interest.

I. INTRODUCTION

It is weh settled law in Idaho that prejudgment interest may be awarded where the amount of liability is liquidated or capable of ascertainment by mere mathematical process. Farm Development Corp. v. Hernandez, 93 Idaho 918, 920, 478 P.2d 298, 300 (1970).