Can a contract which does not mention interest be paid on the balance of purchase-money be used to enforce performance?
Ontario, Canada
The following excerpt is from Peterson v. Bitzer, 1920 CanLII 18 (ON CA):
In this connection it may be noted that in Gould v. Hamilton (1855)., 5 Gr. 192, parol evidence was allowed to be given shewing that interest was intended to be paid on the balance of purchase-money, where the contract made no mention of interest. But that evidence was admitted so as to shew that it would have been inequitable to grant specific performance without interest, in face of an understanding that interest should be paid.
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