Aldridge v. ALDRIDGE

*291■Concurring in Result

Prime, J.

— Appellee Marianna D. Aldridge was granted summary judgment by the trial court, and this appeal questions the correctness of that ruling. We would affirm that judgment. Affirmance would have the same ultimate effect on the parties as a dismissal, but we are of the opinion that this case should be decided on its merits.

Prior to October 11, 1960, Ralph E. and Marianna D. Aldridge held mortgages on real estate in Kokomo, Howard County, Indiana. On that date they entered into an agreement with Raymond H. Zirkle whereby Mr. Zirkle was to act as their attorney in fact…