Del. Code tit. 10 § 7513
An obligation in writing, executed under the hand and seal of the obligor, by which the obligor binds himself or herself to pay a certain sum of money at a designated time, with interest, costs and counsel fees, as provided by law, shall be construed to be a bond, although no penal sum is named therein, and actions and proceedings may be brought thereon and judgments entered for the amount due, including debt, interest, costs and counsel fees, in accordance with the warrant of attorney contained therein.
This section shall not be deemed to invalidate or raise a question concerning the validity of any bond, or obligation in writing, under the hand and seal of the obligor, made prior to April 5, 1923, executed and delivered and not containing the recital of a penal sum.
10 Del. C. § 7513