Lord Jeff Knitting Co. v. Boyle

While I concur fully in Division 1, I cannot agree with all of the reasoning in Division 2.

The amount claimed in the complaint was, in my opinion, unliquidated. The face of the complaint tells us that the amount had not yet been ascertained. Plaintiff was unsure of the amount of commissions owed. “Liquidation is a fixed and determinate valuation of things, which, before, were uncertain. A debt is liquidated when it is rendered certain what is due, and how much is due — cum certum est *469an et quantum debeatur.” Bartee v. Andrews, 18 Ga. 407, 410 (1855). As asked in that case, “When did that…