(1) Where special damages are given by statute and it appears, by the verdict of the jury, or other decision of the action, that the special damages are due and recoverable by one of the parties against the other, the court shall render judgment for that party.
(2) If, in ascertaining the amount of the special damages, it is necessary to assess the value of any property or amount of any debt or claim, the court may hear the proof and assess the value or amount, or have the assessment made by a jury.