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note, if petitioner did not demand payment from Stephen prior to
September 14, 1985, he was to pay her the principal amount in all
events on that date. (Hereinafter, the date of September 14,
1985, that was stated in the September 1982 note will sometimes
be referred to as the due date of that note.)
At the time Stephen signed the September 1982 note, peti-
tioner believed that the date on which he was to pay her the
principal amount was open, and she did not consider the September
14, 1985 date stated in that note to be a fixed date on which
Stephen was in all events to pay her the principal amount.
Furthermore, at that time, she had no intention of demanding
payment on September 14, 1985, or on any other date, and there
was no discussion between petitioner and Stephen as to what, if
any, consequences would result in the event he did not make the
payment required by the terms of the September 1982 note.
Petitioner did not make a written or oral request of Stephen
to repay the September 1982 note on or after September 14, 1985.
Petitioner and Stephen had no discussions on or after the due
date of the September 1982 note with respect to a possible
extension of the time within which he was to pay off that note or
as to any other matter relating to that note.
On November 29, 1982, Stephen made a $15,000 payment to
petitioner, which was documented by a receipt signed by petition-
er. Stephen made no other payments to petitioner during the
three-year period following the date on which he signed the
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