Keith a farmer agreed to buy plant food from Josephs for $10,000 and issued a cheque for payment of the purchase price. The parties agreed to backdate the purchase order and the cheque for income tax purposes. Josephs failed to deliver the plant food. Keith obtained an agreement from Josephs that Josephs would pay interest to Keith on the money it held to Keith's credit. Subsequently, Josephs again agreed in writing to pay interest. Keith received no interest, but did receive all the plant food paid for. Keith sued Josephs for payment of the interest. The matter was taken to court