Brown v. Kinden, (1988) 89 N.B.R.(2d) 387 (CA)

• Judge: Angers, Hoyt and Rice, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 25, 1987
• Jurisdiction: New Brunswick
• Citations: (1988), 89 N.B.R.(2d) 387 (CA)

Brown v. Kinden (1988), 89 N.B.R.(2d) 387 (CA);

    89 R.N.-B.(2e) 387; 226 A.P.R. 387

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Larry Kinden and Paul Kinden (defendants/appellants) v. Wayne K. Brown (plaintiff/respondent)

(78/87/CA)

Indexed As: Brown v. Kinden

New Brunswick Court of Appeal

Angers, Hoyt and Rice, JJ.A.

September 27, 1988.

Summary:

Brown sold a business to Kinden. Kinden agreed to pay Brown $25,000.00 in installments plus interest. Kinden defaulted and Brown sued.

The trial judge awarded Brown $43,044.00. Kinden appealed.

The New Brunswick Court of Appeal allowed the appeal in part. The Court of Appeal held that the interest as claimed was not proven. The court awarded Brown interest under s. 45 of the Judicature Act.

Interest - Topic 2341

Agreement to pay interest - Evidence - General - The New Brunswick Court of Appeal stated that where interest is claimed under a contract, the interest must be proven by evidence in the absence of agreement - See paragraph 12.

Statutes Noticed:

Judicature Act, R.S.N.B. 1973, c. J-2, sect. 45 [para. 13].

Counsel:

Gregory E. Murphy, for the appellants;

Harold R. Grew, for the respondent.

This appeal was heard by Angers, Hoyt and Rice, JJ.A., of the New Brunswick Court of Appeal on November 25, 1987. The decision of the Court of Appeal was delivered by the court on September 27, 1988.