- liquidated
- Ascertained; determined; fixed; settled; made clear or manifest. Cleared away; paid; discharged. Adjusted, certain, or settled. Murchison v. Levy Plumbing Co., Tex.Civ.App., 73 S.W.2d 967, 968.Declared by the parties as to amount, U. S. v. Skinner & Eddy Corporation, D.C.Wash., 28 F.2d 373, 386;made certain as to what and how much is due, Electrical Products Corporation of Oregon v. Ziegler Drug Stores, 157 Or. 267, 71 P.2d 583, 584.Made certain or fixed by agreement of parties or by operation of law, Miller v. Prince Street Elevator Co., 41 N.M. 330, 68 P.2d 663, 666.Settled, paid, discharged. Trenton Banking Co. v. Kennedy, 17 N.J.Misc. 222, 8 A.2d 232, 234.See also liquidate- settle@ liquidated accountAn account whereof the amount is certain and fixed, either by the act and agreement of the parties or by operation of law. Gasper v. Mayer, 171 Okl. 457, 43 P.2d 467, 471; Williamson v. City of Eastland, Tex.Civ.App., 65 S.W.2d 774, 775@ liquidated claimClaim, amount of which has been agreed on by parties to action or is fixed by operation of law. Tapp v. Tapp's Trustee, 299 Ky. 345, 185 S.W.2d 534, 535; United States Fidelity & Guaranty Co. v. American Bldg. Maintenance Co. of Los Angeles, 7 Cal. App.2d 683, 46 P.2d 984, 988.A claim which can be determined with exactness from parties' agreement or by arithmetical process or application of definite rules of law, without reliance on opinion or discretion. Lester N. Johnson Co., Inc. v. City of Spokane, 22 Wash.App. 265, 588 P.2d 1214, 1221.Claim for debt or damages is "liquidated" in character if amount thereof is fixed, has been agreed upon, or is capable of ascertainment by mathematical computation or operation of law. Robinson v. Loyola Foundation, Inc., Fla.App., 236 So.2d 154, 157@ liquidated damagesSee damages@ liquidated debtA debt is liquidated when it is certain what is due and how much is due. That which has been made certain as to amount due by agreement of parties or by operation of law. Gasper v. Mayer, 171 Okl. 457, 43 P.2d 467, 471Compare unliquidated debt@ liquidated demandA demand the amount of which has been ascertained or settled by agreement of the parties, or otherwise. Williamson v. City of Eastland, Tex.Civ.App., 65 S.W.2d 774, 775.Amount claimed is a "liquidated demand" if it is susceptible of being made certain in amount by mathematical calculations from factors which are or ought to be in possession or knowledge of party to be charged. Rifkin v. Safenovitz, 131 Conn. 411, 40 A.2d 188, 189@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.