Equitable Trust Co. v. Gallagher

Tunnell,

Justice, delivering the opinion of the court:

This is an opinion following reargument. Our former opinion, reported in — Del.Ch. —, 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 and which could not be established without violating the parol evidence rule; (2) that the opinion overrides certain…