Herman v. Stern

*286Concurring Opinion by

Mr. Justice Roberts:

I join fully in the Court’s holding that appellee has adequately established his contractual right to the disputed commission. I feel constrained, however, to add a few brief observations.

The principal issue confronting this Court is whether the court below erred in denying appellant’s motion for judgment on the pleadings while at the same time granting appellee’s similar motion. We are compelled, therefore, to concern ourselves exclusively with the pleadings,1 and, more specifically, with whether appellee, while admitting for the purposes of his…