Babcock v. Dean

The landlord instituted proceedings against the tenants, as the parties are therein nominated, to recover possession of real property by virtue of the provision of section 1410, subdivision 2, of the Civil Practice Act, by one claimed to be a landlord against tenants holding over after default in payment of rent after demand therefor.

Upon the return day of the precept the alleged tenants appeared and filed answer, setting forth a statement of new matter by way of defense which alleged that the tenants were in possession of the premises under an agreement to purchase and that the relation *801exist…