In Hendrie v. Board of County Commissioners of Rio Blanco County (1963) 153 Colo. 432, 387 P.2d 266 [a suit for the cost of repairing a swimming pool]: "Third, as to the matter of interest allowed.
It does not come from common law. See Hendrie v. Board of County Commissioners, 153 Colo. 432, 442, 387 P.2d 266, 271 (1963). It is idle, however, for us to speculate on whether Colorado allows recovery of prejudgment interest on an unliquidated sum in a breach of contract action since no such claim is made here.
The law of the State of Colorado where both contracts in this litigation were executed and were to be performed requires that, absent specific statutory authorization to the contrary, unliquidated damages bear interest from the date of entry of the judgment, not from the date of commencement of the suit. Hendrie v. Board of County Commissioners, 153 Colo. 432, 387 P.2d 266. The District Court entered its original judgment on the verdicts on November 13, 1964 assessing six per cent interest from the date Tecon filed its counterclaim.
. See also Hendrie v. Board of County Commissioners of Rio Blanco County, 153 Colo. 432, 387 P.2d 266, 1 A.L.R.3d 861 (1963); 22 Am.Jur.2d Damages ยง 56; 11 Williston, Contracts ยง 1344 (3d ed.).
We have held that where a claim is unliquidated interest is not permitted before judgment. Hendrie v. Board of County Commr's., 153 Colo. 432, 387 P.2d 266. Under the circumstances of this case, the amount due Hewitt did not become liquidated until such time as the court determined the reasonableness of the amount of his claim. Hunter v. Wilson, 147 Colo. 36, 362 P.2d 553.
Defendants are not entitled to interest on such sum. Hendrie v. Commissioners, 153 Colo. 432, 387 P.2d 266. [7,8] Defendants argue that the unliquidated character of the claim for damages for breach of warranty makes the plaintiff's claim undetermined and unliquidated until final judgment.
There is no evidence that any contract was entered into on April 29, 1963, or at any other time, which was acted upon by the parties; however, it is obvious from the facts here that it was the intention of the parties to the transaction that the bond relate to the contract of May 7, 1963, as found by the trial court. An action to reform the bond, which was urged by National Union as the proper and only procedure for rectifying the mistake, is not required where the mistake is so obvious and the variance so inconsequential. Hendrie v. Commissioners, 153 Colo. 432, 387 P.2d 266; Re Moffit's Estate, 116 Vt. 286, 75 A.2d 698; 11 C.J.S. Bonds ยง 15.
. Costs of rebuilding a defective structure to new specifications may also be reasonable, Hendrie v. Bd. of County Comm'rs, 153 Colo. 432, 387 P.2d 266 (1963), even if they exceed the costs to repair defects. Worthen Bank Trust Co. v. Silvercool Serv. Co., 687 P.2d 464 (Colo.App. 1984).
The right to interest is a creature of statute. Hendrie v. Board of County Commissioners, 153 Colo. 432, 387 P.2d 266 (1963). Section 13-21-101(1), C.R.S. (1987 Repl. Vol. 6A) provides in pertinent part:
that the "injured party is limited to the loss actually suffered by reason of the breach and is not to be put in a better position by a recovery of damages for the breach than he would have been in had there been performance," are (chronologically): Ciminelli v. Umland Brothers Inc. (1932), 236 App. Div. 154, 258 N.Y.S. 143, 144; Hennen v. Streeter (1934), 55 Nev. 285, 31 P.2d 160, 163; Lastinger v. City of Adel (1943), 69 Ga. App. 535, 26 S.E.2d 158, 159; Blair v. United States (8th Cir. 1945), 150 F.2d 676; Talbot-Quevereaux Const. Co. v. Tandy (Mo.App. 1953), 260 S.W.2d 314, 316; Ficara v. Belleau (1954), 331 Mass. 80, 117 N.E.2d 287, 289; Thorne v. White (D.C. Mun. App. 1954), 103 A.2d 579, 580-81; United Protective Workers v. Ford Motor Co. (7th Cir. 1955), 223 F.2d 49, 53; Western Oil Fuel Co. v. Kemp (8th cir. 1957), 245 F.2d 633, 644; Wickman v. Opper (1961), 188 Cal.App.2d 129, 10 Cal.Rptr. 291, 294; Dehnart v. Waukesha Brewing Co. (1963), 21 Wis.2d 583, 124 N.W.2d 664, 670; Hendrie v. Board of County Commissioners (1963), 153 Colo. 432, 387 P.2d 266, 271; Richter Contracting Co. v. Continental Casualty Co. (1964), 230 Cal.App.2d 491, 41 Cal.Rptr. 98, 107; Hanz Trucking, Inc. v. Harris Brothers Co. (1965), 29 Wis.2d 254, 138 N.W.2d 238, 246; Oakwood Villa Apartments, Inc. v. Gulu (1968), 9 Mich. App. 568, 157 N.W.2d 816; Dierickx v. Vulcan Industries (1968), 10 Mich. App. 67, 158 N.W.2d 778, 782; Dewaay v. Muhr (Iowa 1968), 160 N.W.2d 454, 459; Boten v. Brecklein (Mo. 1970), 452 S.W.2d 86, 93; Mid-Continent Telephone Corp. v. Home Telephone Co. (N.D. Miss. 1970), 319 F. Supp. 1176; Crawford v. Associates, Inc. v. Groves-Keen, Inc. (1972), 127 Ga. App. 646, 194 S.E.2d 499, 502; and Louise Caroline Nursing Home, Inc. v. Dix Construction Corp. (Mass. 1972), 285 N.E.2d 904. Illinois follows this rule.