Herman v. Stern

Dissenting Opinion by

Mr. Justice Cohen :

We note at the outset that our determination in this matter must comply with the rule that a judgment on the pleadings can be granted only in cases that are free and clear from doubt. Levin v. Blue Mountain Dairy, Inc., 407 Pa. 566, 180 A. 2d 908 (1962).

Herman, the plaintiff, alleged that, “as agent for defendant,” Stern, he entered into a certain lease agreement with Roslyn Sailor, as tenant, a copy of which he attached to the complaint; that “defendant ratified and approved the same in writing;” that “Section 37B thereof contain [ed] certain…