Eskay Plastics, Ltd. v. Chappell

Ken Chappell appeals from a judgment ordering him to pay the balance due on a contract, minus his damages, plus interest. He raises three issues, all of which concern his liability for interest at the rate of IV2 percent per month.

In May 1974, Mr. Chappell, d/b/a Ken Chappell Marine Distributors, placed a telephone order to Eskay Plastics, Ltd. (Eskay), a Quebec corporation, for 51 pedal boats and one kayak. At the time, the parties did not discuss terms of payment. However, when Eskay shipped the boats the following month, it sent Mr. Chappell an invoice specifying a total due of $14,114,…