unliquidated claim in Tennessee

2016Dist. of Millard, in Douglas Cnty., 198 Neb. 730 , 255 N.W.2d 413, 417 (1977), the Nebraska Supreme Court held that “in an action for a liquidated sum which represents a balance owing on a contract, the amount claimed does not become an unliquidated claim merely because of the assertion of an offset, and that if the trier of fact finds against the defendant on the offset, prejudgment interest should be awarded on the plaintiffs claim.” (Emphasis added.) Here, however, the offsets were not unsuccessfully asserted; they were deemed legitimate and deducted from the damages awarded to the plaintif

2016Dist. of Millard, in Douglas Cnty., 198 Neb. 730 , 255 N.W.2d 413, 417 (1977), the Nebraska Supreme Court held that “in an action for a liquidated sum which represents a balance owing on a contract, the amount claimed does not become an unliquidated claim merely because of the assertion of an offset, and that if the trier of fact finds against the defendant on the offset, prejudgment interest should be awarded on the plaintiffs claim.” (Emphasis added.) Here, however, the offsets were not unsuccessfully asserted; they were deemed legitimate and deducted from the damages awarded to the plaintif

2018See generally Herring v. Tollett’s Estate, 550 S.W.2d 660, 662 (Tenn. 1977) (holding that when a probate court is put on notice of independent tort claims against the estate, the probate court must hold the estate action in abeyance); Coin Automatic Co. v. Estate of Dixon, 213 Tenn. 311, 317 , 375 S.W.2d 858, 861 (Tenn. 1963) (refusing to conclude that an unliquidated claim for breach of contract became a final judgment when no exception was filed).

2018See generally Herring v. Tollett’s Estate, 550 S.W.2d 660, 662 (Tenn. 1977) (holding that when a probate court is put on notice of independent tort claims against the estate, the probate court must hold the estate action in abeyance); Coin Automatic Co. v. Estate of Dixon, 213 Tenn. 311, 317 , 375 S.W.2d 858, 861 (Tenn. 1963) (refusing to conclude that an unliquidated claim for breach of contract became a final judgment when no exception was filed).

2018See generally Herring v. Tollett’s Estate, 550 S.W.2d 660, 662 (Tenn. 1977) (holding that when a probate court is put on notice of independent tort claims against the estate, the probate court must hold the estate action in abeyance); Coin Automatic Co. v. Estate of Dixon, 213 Tenn. 311, 317 , 375 S.W.2d 858, 861 (Tenn. 1963) (refusing to conclude that an unliquidated claim for breach of contract became a final judgment when no exception was filed).