SUPERIOR COURT

of the

STATE OF DELAWARE

Jeffrey J Clark Kent County Courthouse

Judge 38 The Green

Dover, DE 19901

Telephone (302)739-5333

August 2, 2016

Robert J. Dill David W. Dill, Sr.

968-A Skeeter Neck Road Britainie K. Dill

Frederica, DE 19946 4984 Willow Grove Road

Camden-Wyoming, DE 19934

Via file & Serve Xpress & U.S. Mail

Re: Dill v. Dill

 K15L-02-003 JJC

Dear Messrs. Dill and Mrs. Dill:

After entry of default judgment in this case, the Court held an inquisition hearing

to determine damages on July 25, 2016. Defendant David Dill appeared at the hearing

to contest the amount of damages due. The Court has considered the parties’ testimony

at the hearing and the documentary evidence submitted by Plaintiff Robert J. Dill

(hereinafter “Plaintiff”) and Defendant David Dill. Taking into consideration the law

and the evidence submitted at the hearing, the Court finds that Plaintiff Robert Dill is

entitled to $13,245.51 in damages due to Defendants David Dill and his wife, Britainie

Dill’s, default on their mortgage. This letter Order sets forth the Court’s reasoning for

this decision.
Both parties agreed at the hearing that Defendant David Dill and Defendant

Britainie Dill (hereinafter collectively “Defendants”) breached their obligation to pay

Plaintiff for his portion of the agreed value of inherited family land. Defendants

purchased the land from Plaintiff and three other siblings. The parties agreed at the

hearing that pursuant to this contract, Defendants owed the Plaintiff one-quarter of the

total purchase price of $57,600 and accrued interest. 

The parties executed a document identified as a mortgage that included payment

terms and the overall purchase price. In addition to the principal amount due, the

agreement included interest at 6% per annum. It also provided that the total debt was

to be payable in 180 monthly installments of $486.06, beginning on March 15, 2006.

The contract also contained an acceleration clause in the event of default. Finally, the

document provided for the award of counsel fees in the amount of 5% of the amount

due for principal, interest, and costs. At the hearing, Plaintiff also sought incidental and

consequential damages for the breach.

STANDARD

After a default judgment is ordered, an inquisition hearing is held to determine

the amount of damages due.1 At an inquisition hearing, the Court’s findings on

damages must be based on a preponderance of the evidence.2 The “sole focus of

inquisition hearings isthe amount of damages owed to the plaintiff, which is determined

by the . . . judge.”

3 Preponderance of the evidence means “the side on which the

1 Patton v. Yancey, 2014 WL 4674600, at *1 (Del. Super. Sept. 22, 2014).

2

Jagger v. Schiavello, 93 A.3d 656, 659 (Del. Super. 2014)(citation omitted).

3

Id.

2
greater weight of the evidence is found.”

4 Additionally, the standard remedy, or

damages, for a breach of contract is based upon the reasonable expectations of the

parties, in an amount that is equal to the loss in value of defendant’s nonperformance,

or breach.

5 Damages for a breach of contract must be proven with reasonable

certainty.

6 Recovery is not available to the extent that the alleged damages are

uncertain, contingent, conjectural, or speculative.7

EVIDENCE PRESENTED AT THE HEARING

At the inquisition hearing,Robert Dill amended his original calculation ofthe full

debt amount from $21,872.70 to $23,716.76. He also claimed 5% in counsel fees,

which he calculated to be $1,093.63. Furthermore, he also claimed lost wages in the

amount of $749.43. Plaintiff, however, did not provide evidence regarding the date

of default, except to state that the last payment Defendants made to him was sometime

in early 2012.

During his testimony, Defendant David Dill acknowledged that he and his wife

owed money to Plaintiff. However, he contested the amount of damages due. He

argued that the full quarter share of the mortgage was not due to Plaintiff, because he

had made a significant number of payments priorto defaulting. Defendant testified that,

per his calculations, he owed Plaintiff $13,245.51. To support this contention, he

provided check stubs for some of the checks he had written to Robert Dill for the

4

Id.

5 West Willow-Bay Court, LLC v. Robino-Bay Court Plaza LLC, 2009 WL 458779, at *4

(Del. Ch. Feb. 23, 2009).

6

Siga Techs., Inc. v. PharmAthene, Inc., 132 A.3d 1108, 1131 (Del. 2015).

7

Id.

3
mortgage payments. Additionally, Defendant testified regarding a check that was

tendered to Robert Dill on January 13, 2015, through an attorney, in the amount of

$3,038.25. He asserted that the amount of the check, $3,083.25, would have brought

him up to date on his payments for the mortgage. However, Robert Dill refused the

check because it was tendered as a settlement that would have required the release of

some unspecified portion of his claim.

DISCUSSION

At the inquisition hearing, the burden of proof was on the Plaintiff to prove the

damages due. To determine the amount of an award as to damages, the Court must

first determine the date of default, or breach, because the timing of the breach is an

issue that “has implications for valuation and any potential interest accrual.”

8 Plaintiff

testified that Defendants defaulted on the mortgage sometime in early 2012. However,

he could offer no evidence of the date of default. Additionally, Plaintiff did not offer

any evidence as to how many payments were actually made or in what amount. He

acknowledged that he had received some payments from Defendants, though he had

no records(nor was he able to offertestimony) regarding what payments were actually

received and when. He merely alleged that $21,872.50 was still due on the principal

amount. Although the rules of evidence are somewhat relaxed in an inquisition

hearing, when a defendant appears to contest the amount due, these relaxed rules do

not alleviate a plaintiff from his or her obligation to prove damages to a reasonable

certainty.

Defendant David Dill testified and provided an exhibit indicating that he still

8 West Willow-Bay, LLC, 2009 WL 458779, at *4.

4
owed $13,245.51. This admission was the only evidence offered at the hearing

enabling the determination of damagesto a reasonable certainty. Accordingly, because

there was a breach, and Defendant acknowledged that $13,245.51 was owed for that

breach, judgment is in the amount of $13,245.51, plus post judgment interest at the

legal rate is awarded Plaintiff.

Plaintiff’s requested counsel fees in the amount of 5% are denied . The Court

does not award these fees because no counsel was hired by the Plaintiff who appeared 

pro se. Finally, Plaintiff’s claim for lost wages in the amount of $749.43 is not

awarded because Plaintiff offered insufficient evidence to establish that these lost

wages were either incidental or consequential to the breach of contract.

For the reasons stated, judgment is hereby entered in favor of Plaintiff Robert

Dill against Defendants David Dill and Britainie Dill, jointly and severally, in the

amount of $13,245.51, plus costs and post judgment interest at the legal rate. The

Prothonotary is directed to enter this amount as a final judgment.

IT IS SO ORDERED.

/s/Jeffrey J Clark

Judge

JJC:jb

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