Corey Hooker obtained a default judgment against Korey Roberson, Big Oomp Records, Inc., and Top Quality Productions, Inc., in his action for breach of contract, quantum meruit and fraud. After a bench trial on damages, however, the trial court entered an order of final judgment in the defendants’ favor in which it held, inter alia, that Hooker had presented no evidence demonstrating the defendants’ liability on any of his asserted causes of action. The court denied Hooker’s motion for new trial, and he appeals. We find that the trial court erred in concluding that Hooker had not demonstrated the defendants’ liability in light of the earlier default judgment entered against them. We further find that the court erred in failing to consider, in its role as factfinder, whether Hooker was entitled to nominal damages for the breach of contract. Accordingly, we reverse and remand for further proceedings not inconsistent with this opinion.
1. Hooker argues that the trial court improperly admitted evidence on the issue of the defendants’ liability, notwithstanding that, because of the default judgment, their liability was no longer at issue. The defendants respond that the evidence was relevant to the issue of damages. From the trial court’s order, however, it is clear that the court considered whether Hooker had proved liability and held that he had not. This holding constituted error, because, through their default, the defendants admitted each and every well-pled material factual allegation of Hooker’s complaint, except as to the amount of damages alleged. Cohran v. Carlin,
2. Hooker argues that the trial court erred in awarding him no damages. The record supports the court’s finding that Hooker presented no evidence of actual damages in connection with any of his claims. Hooker contends, however, that he was entitled to nominal damages under OCGA § 13-6-6. That Code section provides: “In every case of breach of contract the injured party has a right to damages, but if there has been no actual damage, the injured party may recover nominal damages sufficient to cover the costs of bringing the action.” See King v. Brock,
The record shows that, during the bench trial, Hooker requested nominal damages for breach of contract. See Bishop v. Intl. Paper Co.,
Judgment reversed and case remanded with direction.
