Appeal from Wayne, Richard M. Maher, J.
Leave to appeal denied, 396 Mich 841.
J. H. Gillis, P. J., and Bronson and T. M. Burns, JJ.
1. Judgment -- Summary Judgment -- Accelerated Judgment -- Court Rules.
A trial Judge may treat a motion for accelerated judgment as a motion for summary judgment (GCR 1963, 116.1, 117.2).
2. Judgment -- Summary Judgment -- Court Rules.
A motion for summary judgment based solely on a plaintiff's failure to state a claim challenges the legal sufficiency of the pleadings alone (GCR 117.2).
3. Appeal and Error -- Summary Judgment -- Failure to State Claim.
An appellate court, when reviewing a summary judgment based on the plaintiff's failure to state a claim, must accept as true the well-pleaded facts in the plaintiff's complaint and determine whether these claims are so clearly unenforceable as a matter of law that no factual development can possibly justify a right to recovery.
4. Pleading -- Contracts -- Stating Claim.
Pleadings which allege the existence, modification, and breach of a contract clearly state a claim upon which relief can be granted.
5. Judgment -- Summary Judgment -- Issue of Material Fact -- Court Rules.
A summary judgment, awarded on the ground that there is no genuine issue as to any material fact, must be reversed where no affidavits ...