Is a date of possession an essential term?
"New York", United States of America
The following excerpt is from McWilliams v. Mulgrew, 204 Misc. 561 (N.Y. Dist. Ct. 1953):
Defendant argues that House v. Hornberg (267 App. Div. 557, affd. 294 N.Y. 750), is authority for the proposition that the date of possession must be deemed an essential term. In that case, the defendant, in employing the broker to sell her farm, specifically indicated that she would not give possession until she had purchased a smaller farm to which she could move. Under those special circumstances, the date of possession had to be regarded as an essential term.
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