Nigro v. Don-Mar Corp.

Opinion by

Mr. Justice Ladner,

Plaintiff appellant commenced this action by a complaint in ejectment to recover possession of premises 130 N. 8th Street, Philadelphia, occupied as a taproom. After an answer (which contained new matter) and a reply, plaintiff moved for judgment on the pleadings. The lower court being of the opinion that “defendant’s right to possession of the property is clear” entered judgment for the defendant on the pleadings pursuant to Pa. R. C. P. 1034(b). From this action we have this appeal.

The facts as gleaned from' the pleadings are as follows: Plaintiff is the owner…