Kay Realty Corp. v. Elster

Alessandroni, P. J.,

Plaintiff’s action in ejectment seeks to remove defendant from its sidewalk; defendant maintains a large permanent newsstand on plaintiff’s premises situate at the northwest corner of Thirteenth and Market Streets, Philadelphia. The complaint alleges that in the period June 10, 1946-July 1, 1957, defendant had plaintiff’s consent for the maintenance of the stand. On or about the latter date, plaintiff demanded payment of rent; when defendant refused this action followed.

*694Defendant’s answer denies that plaintiff had ever given permission for the operation of the newsstand,…