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EQUITABLE TRUST CO. v. GALLAGHER

102 A.2d 538 (1954)

EQUITABLE TRUST CO. v. GALLAGHER.

Supreme Court of Delaware.

February 5, 1954.

Attorney(s) appearing for the Case

Stephen E. Hamilton, Jr., and H. Albert Young, Wilmington, for appellant.

Joseph Donald Craven, Wilmington, and, on the reargument, Edwin D. Steel, Jr. (of Morris, Steel, Nichols & Arsht), Wilmington, for appellee.

David F. Anderson (of Berl, Potter and Anderson), Wilmington, for J. Harry Gallagher, Hugh F. Gallagher, Jr., and Donald J. Gallagher, amici curiae in respect to the reargument.

SOUTHERLAND, Chief Justice, and WOLCOTT and TUNNELL, Justices, sitting.

TUNNELL, Justice.

This is an opinion following reargument. Our former opinion, reported in 99 A.2d 490, contains a statement of the facts of the case and a review of the meandering course of this litigation, so we shall not repeat them here.

Defendant's several contentions are divisible into three principal classifications: (1), that our decision recognizes as consideration something which the record does not factually establish...

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