Elizabeth B. Miller - Page 6

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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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