On May 28, 1946, a written binder agreement was entered into between petitioner, as seller, and respondent Frances M. Nye, as purchaser, providing for the sale and purchase of certain real property in New Rochelle. A formal contract of sale was entered into on June 22, 1946, which provided that possession was given to the purchaser as a "tenant at sufferance", and that the purchaser "shall not * * * be deemed a vendee in possession." The agreement to purchase was never consummated...
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