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12/08/75 GREENFIELD CONSTRUCTION COMPANY v. CITY

December 8, 1975

GREENFIELD CONSTRUCTION COMPANY, INC.
v.
CITY OF DETROIT



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.

SYLLABUS BY THE COURT

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[5], 117.2[1]).

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[1]).

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 ...


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