A. Ray Curtis Co. v. Barnes

(concurring in result) :

I concur with the affirmance of the judgment of the trial court, but desire to set forth my own bases for doing so.

Disregarding niceties of nomenclature,' this case was submitted to the trial court for determination upon full disclosure of the evidence and the contentions of the parties. It is true that in addressing their respective motions to the court the parties referred to them as motions for summary judgment. But, the terminology used is not controlling, the court should look at the essence of what was done. On the pleadings, answers to interrogatories, and the…