Does a demand, proven to have been made, constitute an essential element in a claim for interest?
Saskatchewan, Canada
The following excerpt is from Speers v. West, 1946 CanLII 137 (SK QB):
Other cases which seem to me to support the view that a demand, proven to have been made, is an essential element in a claim for interest, are Elsom v. Ellis (1910) 16 W.L.R. 373, where interest was allowed on a threshing account. The circumstances there were that a signed statement of account was rendered, through the mail, on which there was written a notice stating that 8 per cent would be charged from the first of December until paid. This statement was followed by a letter, demanding payment. There was also a meeting of the debtor and the creditor in which the defendant agreed to accept the plaintiff’s offer of settlement, but never carried it out.
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