Marks v. Wolfson

Marvel, Vice Chancellor:

Plaintiffs in the above cases, which were tried together, submitted evidence in support of their respective contentions. At the conclusion of their cases in chief, counsel for the defendants against whom relief is sought, without waiving their clients’ rights to offer further evidence in the event that their motions should not be granted, moved for dismissal under Rule 41 (b), Del. C. Ann. on the grounds that upon the facts and the law both plaintiffs had failed to show any right to relief. Because much of the evidence upon which plaintiffs rely was elicited from the…