Court of Chancery of Delaware February 8, 1963 (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