Phillips v. Bailey

GAWTHROP, J.,

The issue in this case is whether plaintiff-landlords’ complaint in ejectment, seeking possession of a certain lot in their trailer park, as well as damages for waste, may be consolidated under Pa.R.C.P. 213 with a complaint in assumpsit seeking payment for rent for use and possession of that same lot, or whether such consolidation is precluded by Pa.R.C.P. 1055, which reads: “The plaintiff may state in the complaint any cause of action for profits for the use of or damages for injury to the land.” Adopted June 25, 1946, effective January 1, 1947. We find in favor of…