N.D. Cent. Code § 32-03-04

Section 32-03-04 allows interest from the invoice date on an ascertainable contract payment owed for services performed.

Ets-Hokin & Galvan, Inc. v. Maas Transport, Inc., and B. L. Lawrence, D/B/A Lawrence Transportation · filed 1967-07-11

Finally, Ets-Hokin urges that the trial court erred in awarding Maas interest from and after the invoice date. A North Dakota statute provides: ... Every person who is entitled to recover damages certain or capable of being made certain by calculation, the right to recover which is vested in him upon a particular day, also is entitled to recover interest thereon from that day, except for such time as the debtor is prevented by law or by the act of the creditor from paying the debt. N.D.Cent.Code § 32-03-04 (1960). ... The trial court having found that Maas and Ets-Hokin had entered into an express oral contract and that Maas had performed its obligations pursuant thereto, it was just and proper that interest be awarded from the invoice date.

Section 32-03-04 allows interest from the day damages become due when the amount is certain or can be calculated.

Adamsen Construction Company v. Altendorf · filed 1967-09-01

Our law provides that every person who is entitled to recover damages in an amount certain, or capable of being made certain by calculation, on a particular day, is also entitled to recover interest on such sum from that day. Sec. 32-03-04, N.D.C.C. ... We hold, therefore, that where a party is entitled to recover a definite sum as damages on a day certain, he is also entitled to recover interest thereon from that day.

Section 32-03-04 allows interest from the day a right to damages vests when the damages are certain or can be calculated.

Nelson Paving Co., Inc. v. Hjelle · filed 1973-04-12

Interest was therefore awarded pursuant to Sections 32-03-04 and 47-14-OS, N.D.C.C., at the statutory rate of 4 per cent per an-num from and after August 11, 1967. ... Applying the irrationality test to the issue of interest as well as to the rest of the award, we conclude that the interest should not be stricken from the judgment.

A certain or liquidated damages claim does not lose its eligibility for prejudgment interest because the defendant disputes it or asserts an unliquidated setoff or counterclaim.

Stee v. "L" Monte Industries, Inc. · filed 1976-11-19

We hold that a “certain” or “liquidated” claim does not become “uncertain” or “unliquidated” by reason of action by a defendant to either dispute it or to put forth an unliquidated set-off or counterclaim.

Section 32-03-04 allows interest from the date an insurer denies a claim in full when submitting written proof of loss would not have changed the denial.

Dolajak v. State Automobile & Casualty Underwriters · filed 1979-04-12

Given those reasons for denial of the claim, it is apparent that State Auto would have denied the claim even if Dolajak had submitted written proof of loss indicating his interest in the silo that was insured under the policy. We conclude that the trial court, under this set of circumstances, did not err in determining that Dolajak was entitled to interest from and after July 24, 1972, the date that the trial court found the claim was denied in total by State Auto. Sec. 32-03-04, N.D. C.C.

Section 32-03-04 does not allow interest on an unjust enrichment recovery before judgment because the right to recover does not vest until then.

Midland Diesel Service & Engine Co. v. Sivertson · filed 1981-06-25

Midland cites § 32-03-04, NDCC, as a basis for claiming interest from the date Gilbert procured the motor. ... Recovery on unjust enrichment is an equitable allowance expressly unrelated to any previous obligation. Midland thus did not have a “vested” right of recovery until judgment was rendered.

Section 32-03-04 does not allow interest before a claim becomes fixed or capable of being made certain.

Crowston v. Jamestown Public School District No. 1 · filed 1983-06-24

Virginia Odland and Susan Syverson’s right to recover sick leave for a period of three weeks was neither fixed nor capable of being made certain until the day of the trial court’s decision. Accordingly, they are not entitled to any interest pursuant to Section 32-03-04, N.D.C.C.

Section 32-03-04 provides interest on liquidated claims, but an ambiguous contract that leaves the payment time and amount uncertain does not qualify.

Super Hooper, Inc. v. Dietrich & Sons, Inc. · filed 1984-03-29

A person who is entitled to recover a liquidated claim “also is entitled to recover interest thereon.” See § 32-03-04, NDCC; ... In this case the ambiguity in the contract terms makes the claim uncertain as to both time and quantity. The trial court correctly concluded that it was unliq-uidated and rejected the demand for prejudgment interest.

Section 32-03-04 allows prejudgment interest on lost profits when known factors make the damages calculable, even if the initial estimate is a range.

Husky Spray Service, Inc. v. Patzer · filed 1991-05-22

The lost acreage was easily ascertained by the trial court and was not uncertain. Accordingly, the trial court properly awarded prejudgment interest.

Section 32-03-04 allows interest on damages that are certain or calculable, but does not limit prejudgment interest available under Section 32-03-05.

Theresa Poitra, Individually and as Personal Representative of Sylvester Poitra, Deceased v. Park Construction Co., Inc. · filed 1993-10-22

Steel's argument is meritless. We do not believe that the North Dakota Court of Appeals meant that Section 32-03-04 provides the only circumstances under which one can receive interest on damages. Even if that court did intend such an interpretation, we decline to follow dictum of an intermediate state appellate court that contradicts the plain language of the statute.

Section 32-03-04 does not allow prejudgment interest when the claim is uncertain and unliquidated because the underlying statutory duty had not yet been construed.

United Hospital v. D'Annunzio · filed 1994-03-30

We affirm, holding: (1) under N.D.C.C. § 12-44.1-14, a county is responsible for paying for medical care provided to a prisoner while in custody, subject to reimbursement from the prisoner; and (2) the hospitals are not entitled to prejudgment interest, because their claims were not certain.

Section 32-03-04 generally governs prejudgment interest in contract cases.

Roise v. Kurtz · filed 1998-12-23

Section 32-03-04 is the wrong statute: it generally governs prejudgment interest in contract cases.

Section 32-03-04 allows prejudgment interest on damages that can be calculated, from the day the right to recover them vests.

Kaler v. Kraemer · filed 1999-12-22

Section 32-03-04, N.D.C.C., generally governs prejudgment interest in contract cases. ... The amount owed is ascertainable by calculation of the principal amount of the original judgments in favor of Appellants minus the amount Kraemer paid Appellants under the agreement. ... Appellants are at least entitled to prejudgment interest from April 17, 1993, the date of the last payment, until the day the new judgment is entered.

Section 32-03-04 entitles a person to prejudgment interest when damages are certain or capable of being made certain by calculation.

Dowhan v. Brockman · filed 2001-04-12

If the damages were certain or capable of being made certain, Brockman was entitled to recover interest. Dowhan has not shown the damages were uncertain or incapable of being made certain, or that the interest was incorrectly computed. We conclude the trial court did not err in upholding the award of interest.

Section 32-03-04 allows prejudgment interest when damages are certain or calculable, but not when resolving disputed facts and legal issues is necessary to determine the amount.

BancInsure, Inc. v. BNC National Bank · filed 2001-08-16

Accordingly, we conclude that the court did not err in determining that the amount of damages was not a “sum certain” and thus that BancInsure was not entitled to prejudgment interest.

Section 32-03-04 requires prejudgment interest on calculable damages from the date recovery vests unless law or the creditor prevents payment; an asset freeze that permits payment into court does not excuse interest.

Huber v. Farmers Union Service Ass'n of North Dakota · filed 2010-08-17

Prejudgment interest is required by N.D.C.C. § 32-03-04 if damages are certain or capable of being made certain by calculation. ... The federal district court’s order freezing Huber’s accounts and assets did not prevent Farmers Union from parting with Huber’s annuity benefit while the order was in effect. ... We conclude the district court did not err in awarding Huber prejudgment interest from January 1, 2003.

Section 32-03-04 requires prejudgment interest on certain or calculable damages unless law or the creditor’s act prevents payment; an asset freeze does not excuse interest when the debtor could part with the funds.

State v. Hammer · filed 2010-08-17

Prejudgment interest is required by N.D.C.C. § 32-03-04 if damages are certain or capable of being made certain by calculation. ... Farmers Union argues prejudgment interest was improperly awarded here because it was prevented by law, i.e., the federal district court order freezing Huber’s accounts and assets. ... [¶26] The federal district court’s order freezing Huber’s accounts and assets did not prevent Farmers Union from parting with Huber’s annuity benefit while the order was in effect.

Section 32-03-04 entitles a claimant to prejudgment interest from the day the amount owed is certain or calculable and the right to recover it vests.

McDougall v. AgCountry Farm Credit Services · filed 2021-06-03

The amount owed to the McDougalls was certain and calculable on a particular day, meaning it vested on that day. The district court found interest calculations should commence on the date AgCountry perfected its mortgage on the home quarter. Because neither the amount nor the date the obligation accrued was in dispute, the district court did not abuse its discretion in awarding the McDougalls prejudgment interest.

Section 32-03-04 allows prejudgment interest on damages certain or capable of calculation from the day the right to recover them vests.

Tergesen v. Nelson Homes · filed 2022-01-06

Prejudgment interest is allowed under N.D.C.C. § 32- 03-04, which provides, “Every person who is entitled to recover damages certain or capable of being made certain by calculation, the right to recover which is vested in the person upon a particular day, also is entitled to recover interest thereon from that day.” Nelson Homes was entitled to recover the balance of the purchase price for the home and it was entitled to interest on that amount from the day it became due under the contract.

Section 32-03-04 allows prejudgment interest when damages are certain or calculable and the right to recover has vested on a particular day; damages requiring trial findings do not qualify.

Buchl v. Gascoyne Materials · filed 2024-04-30

Plaintiffs’ contract damages were not certain, and were not capable of being made certain by calculation, without the district court’s findings and conclusions, made after an eight-day trial. Plaintiffs’ right to recover underpayments was not vested until the day the district court ruled, so the statute does not apply.

Section 32-03-04 allows prejudgment interest when damages are certain or capable of calculation; calculating a final award after resolving contractual ambiguities does not satisfy that requirement.

Koch Hydrocarbon Co. v. MDU Resources Group, Inc. · filed 1993-03-15

That adjudication may eventually result in the calculation of a final award — which is, after all, the ultimate result whenever money damages are awarded — does not make the damages “certain or capable of being made certain” within the meaning of the statute. The ambiguities in the contracts and the legal and factual complexities attendant to determining an appropriate award of damages make the requested award of prejudgment interest improper.

Section 32-03-04 allows interest at the legal rate on an indebtedness from the date the contract was repudiated.

Farmers Union Grain Terminal Ass'n v. Nelson · filed 1974-12-04

While interest at the legal rate may be charged against an indebtedness, the date from which such interest should be computed appears questionable in this case. We find that the appropriate date for the commencement of interest is June 13, the date on which the contract was repudiated. Section 32-03-04, N.D.C.C.

Section 32-03-04 allows prejudgment interest once damages become certain or capable of calculation.

Hall GMC, Inc. v. Crane Carrier Co. · filed 1983-03-17

However, during the period of time after Crane issued checks to GMAC (11 August 1981, 5 November 1981, and 24 November 1981) and until judgment was entered (2 August 1982), the amount of interest on the inventory financing paid on each mixer was certain, and Hall was entitled to prejudgment interest on that amount at the legal rate.

Section 32-03-04 allows prejudgment interest on damages that are certain or calculable from the day the right to recover vests.

Red River Wings, Inc. v. Hoot, Inc. · filed 2008-06-20

Section 32-03-04, N.D.C.C., provides that “[e]very person who is entitled to recover damages certain or capable of being made certain by calculation, the right to recover which is vested in the person upon a particular day, also is entitled to recover interest thereon from that day....” LTM’s right to recover its unpaid management fees vested on October 25, 1998, when its management contracts with Canadian Wings and Manitoba Wings were improperly terminated, not on December 21, 2005, the date the district court “granted motions to dismiss all remaining claims against Shelly Dockter and Dyan Docker and, further, directed the dismissal of civil conspiracy and RICO claims as to all Defendants.”

Section 32-03-04 allows prejudgment interest from the day the right to recover vests. A claim against a law firm for funds held in its trust account vested when the firm transferred the funds for its own use.

PHI Financial Services, Inc. v. Johnston Law Office, P.C. · filed 2016-01-26

However, we nevertheless conclude the district court abused its discretion in awarding prejudgment interest from the dates the SURE funds were transferred from G & K to Johnston. Johnston is the party sought to be held liable for the fraudulent transfers and PHI’s right to recover did not vest until Johnston transferred the funds.

Section 32-03-04 allows interest on contract damages that can be calculated, even when the debtor disputes the amount owed.

Metcalf v. Security International Insurance Co. · filed 1978-01-11

However, the fact that a defendant disputes the sum owed does not, in itself, render the plaintiff’s claim uncertain or unliquidated so as to deny the plaintiff interest under § 32-03-04, N.D.C.C. ... Thus, Judith’s claim was “certain” within the purview of § 32-03-04, N.D.C.C.

Section 32-03-04 allows interest on damages that are certain or capable of being made certain by calculation.

Robertson Companies, Inc. v. Kenner · filed 1981-10-23

Accordingly, the damages were capable of being made certain to satisfy the requirements of § 32-03-04, NDCC.

Section 32-03-04 ordinarily entitles an account creditor to recover interest.

Royal Jewelers, Inc. v. Kopp · filed 1985-03-26

An account creditor is ordinarily “entitled to recover interest”; N.D.C.C. § 32-03-04; Almont Lumber Co. v. Hatzenbuehler, 359 N.W.2d 384 (N.D.1985).

Section 32-03-04 does not stop interest from accruing when a creditor rejects a belated offer during a contractual negotiation period.

KBM, INC. v. MacKichan · filed 1989-03-27

We cannot construe MacKichan’s rejection of KBM’s belated offer on August 17, 1983, as an act which prevented KBM from paying the debt within the meaning of that statute.

Section 32-03-04 requires prejudgment interest when damages are certain or can be made certain by calculation.

Village West Associates v. Boeder · filed 1992-06-25

Here, prejudgment interest was required by Section 32-03-04, N.D.C.C., because Village West was entitled to recover damages certain or capable of being made certain by calculation.

Section 32-03-04 allows interest from the date a right to recover calculable damages vests, unless law or the creditor prevents payment.

Felco, Inc. v. Doug's North Hill Bottle Shop, Inc. · filed 1998-06-04

Under N.D.C.C. § 32-03-04: ... “Every person who is entitled to recover damages certain or capable of being made certain by calculation, the right to recover which is vested in the person upon a particular day, also is entitled to recover interest thereon from that day, except for such time as the debtor is prevented by law or by the act of the creditor from paying the debt.” ... On remand, should the trier of fact find no oral agreement to waive the past due percentage rent was made, the trial court shall compute the interest due.

Section 32-03-04 allows prejudgment interest when damages can be calculated under the proper construction of the contract.

Western National Mutual Insurance Co. v. University of North Dakota · filed 2002-04-16

We conclude UND’s claim was certain under Metcalf and N.D.C.C. § 32-03-04 because it was ascertainable by calculation under the proper construction of the policy, and UND was entitled to prejudgment interest under the rationale of Dolajak.

Section 32-03-04 permits prejudgment interest on a disputed balance due under an oral contract.

Almont Lumber & Equipment Co. v. Hatzenbuehler · filed 1985-01-03

In this case, by virtue perhaps of the Rule 10(g), NDRAppP agreement, we have nothing more than a bare disputed balance due on an oral contract. The trial court did not err in awarding prejudgment interest under these circumstances.

Section 32-03-04 allows interest on a claim even when the claim is disputed; the dispute alone does not make it uncertain or unliquidated.

Comstock Construction, Inc. v. Sheyenne Disposal, Inc. · filed 2002-08-29

We have said because a claim is disputed does not render the claim uncertain or unliquidated so as to preclude interest under N.D.C.C. § 32-03-04.