Brake v Boote - [1991] 2 NZLR 757

Sale of land — Vendor and purchaser — Sale of land — Purchaser in possession before payment of purchase price — Obligation to give mortgage back — Vendor unable to give title in stipulated time — No contractual provision for payment of interest pending payment of purchase price — Whether subsequent agreement to pay interest — Whether implied obligation to pay interest — Whether vendor in default entitled to interest — Whether interest payable at commercial rate.

Equity — Sale of land — Purchaser in possession before payment of purchase price — No contractual provision for payment of interest pending payment of purchase price — Whether subsequent agreement to pay interest — Whether implied obligation to pay interest — Whether vendor in default entitled to interest — Whether interest payable at commercial rate.