It appears that prior to November 7, 1956, the date of the order precluding the plaintiff in the event that he failed to produce the agreement dated September 15, 1936, plaintiff was aware of the fact that he was unable to comply with said order as is evidenced by his bill of particulars dated November 2, 1956. Therefore, it was incumbent on the plaintiff to make an appropriate application to the court prior to the making of the order of November 7, 1956. Plaintiff failed...
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