Is now est factum binding or binding?
Saskatchewan, Canada
The following excerpt is from Prudential Trust Company v. Cugnet, 1955 CanLII 213 (SK CA):
A finding on behalf of the defendant of now est factum is a finding that no contract ever existed and necessarily it follows that no clauses remain to be enforced. See Hamilton v. Railton 1925 CanLII 193 (SK CA), [1925] 3 WWR 136, 20 Sask LR 134.
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