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February 8, 1928.
B.F.S. -4-
Company fraudulently concealed the cause of action and
that if the facts which he asks us to stipulate or which
he shall insert in his amended bill (if the matter takes
that course) do show a fraudulent concealnent of the
cause of action, we would gain nothing by arguing the
question.
On the other hend, a decision by the Vice Chan-
cellor in advance of the production of further testimony
as to just what facts mast be shown in order to consti-
tute a asuse of action might be of considerable assis-
tance to Mr. Berry, particularly if he has some witnesses
who will be willing to make their testimony fit the needs
of the case. of course, I am not insinuating that this
is the fact but it is one of the possibilities that per-
haps should be considered.
While we cannot, therefore, take any definite
action in this matter until after Mr. Berry has submitted
his proposed statement of facts, my present view is that
the Vice Chancellor's suggestions involve danger to us
and that the whole matter requires the most careful con-
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"ocrText": "February 8, 1928.\nB.F.S. -4-\nCompany fraudulently concealed the cause of action and\nthat if the facts which he asks us to stipulate or which\nhe shall insert in his amended bill (if the matter takes\nthat course) do show a fraudulent concealnent of the\ncause of action, we would gain nothing by arguing the\nquestion.\nOn the other hend, a decision by the Vice Chan-\ncellor in advance of the production of further testimony\nas to just what facts mast be shown in order to consti-\ntute a asuse of action might be of considerable assis-\ntance to Mr. Berry, particularly if he has some witnesses\nwho will be willing to make their testimony fit the needs\nof the case. of course, I am not insinuating that this\nis the fact but it is one of the possibilities that per-\nhaps should be considered.\nWhile we cannot, therefore, take any definite\naction in this matter until after Mr. Berry has submitted\nhis proposed statement of facts, my present view is that\nthe Vice Chancellor's suggestions involve danger to us\nand that the whole matter requires the most careful con-"
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