Portable Realty Corp. v. Burroughs Co.

Adams, J.,

Plaintiff filed a “Declaration” in an “Action of Waste”. A preliminary objection raises the questions whether an action of waste may be maintained in Pennsylvania, and whether an action of trespass for waste may be maintained on the facts averred.

The pertinent facts set forth in the declaration may be briefly stated. Plaintiff owned a commercial building consisting of several floors. Defendant was the tenant of the first floor. The declaration does not include a copy of the lease but alleges that “defendant agreed in the lease to accept the premises in their then condition and to…