A reference in correspondence to arranging for 'further necessary paperwork to be prepared by a lawyer' does not operate as a 'subject to contract' condition where the correspondence otherwise contains all essential terms of a contract for the sale of land. Such words indicate no more than that formal documentation will be prepared to effect transfer and settlement formalities. The question whether post-contractual conduct consistent with the existence of a binding agreement may be relied upon to support a finding that a contract was formed was left open.
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