Wilensky v. Agoos

ON MOTION ROR REHEARING.

Sutton, P. J.

On the trial of this case, the plaintiff relied upon the letter from his attorneys to Wilensky, which is set out in the above decision, as a demand for possession of the property involved, and the trial judge submitted to the jury the issue as to whether or not a demand for possession of the property was made on the defendant. N6 'issue as to a waiver of demand for possession by the defendant or that such demand was unnecessary under the facts and circumstances of the case was submitted to the jury. It is contended by the defendant in error in his motion…