What is the legal basis for the claim that a contract has already been concluded between the parties?
Saskatchewan, Canada
The following excerpt is from McAlester Canadian Oil Company v. Petroleum Engineering Company, 1958 CanLII 184 (SK CA):
I have read with great care the authorities quoted by the learned author in support. The case of Xenos v. Wickham (1866) LR 2 HL 296, 36 LJCP 313, which is cited as authority for the last statement clearly shows that a contract had already been concluded between the parties.
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