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01/27/76 MICHIGAN HEALTH CARE v. FLAGG INDUSTRIES

January 27, 1976

MICHIGAN HEALTH CARE, INC.
v.
FLAGG INDUSTRIES, INC.



Appeal from Jackson, Russell E. Noble, J.

Allen, P. J., and Bronson and R. M. Maher, JJ.

SYLLABUS BY THE COURT

1. Judgment -- Summary Judgment -- Failure to State Claim -- Test -- Pleading -- Interrogatories -- Issues of Fact.

A party may move for summary judgment if the opposing party has failed to state a claim upon which relief can be granted, but such a motion is to be tested exclusively on the pleadings; interrogatories and depositions are only relevant if the motion for summary judgment alleges that there is no genuine issue of fact (GCR 1963, 117.2[1]).

2. Judgment -- Summary Judgment -- Pleading -- Failure to State Claim -- Conclusions -- Meritorious Claim.

A trial court must accept as true all well-pleaded facts contained in the pleadings when examining whether the pleadings are sufficient to state a claim on which relief may be granted, and should also consider any Conclusions which can reasonably be drawn from the factual allegations; the court should not consider whether the plaintiff has asserted a meritorious claim, but should only consider whether a claim has been legally pled (GCR 1963, 117.2[1]).

3. Evidence -- Admissions -- Judicial Admissions -- Trial -- Dispensing with Proof -- Particular Fact.

Only a statement made by a party or his attorney during the course of a trial can be considered a judicial admission, and it must be a distinct, formal, solemn admission which is made for the express purpose of dispensing with formal proof of that particular fact at trial.

4. Evidence -- Pleadings -- Other Actions -- Admissibility -- Estoppel -- Admissions by Attorney -- Points of Law.

Statements of fact made in pleadings in another action by a party in a present action are inconclusively admissible as evidence in the present action, but they cannot be used for the purpose of establishing the defense of estoppel; nor can admissions by an attorney as to a point of law be considered binding on a court or used to establish the defense of estoppel.

5. Pleading -- Motions -- Estoppel -- Previous Successful Assertions -- Mistake -- Legal Rights -- Different Theory.

A defendant corporation which successfully asserted in an equitable action for injunction that a contract between it and the plaintiff was valid and thereby was allowed to foreclose a mortgage will not later be heard to assert that the plaintiff may not enforce the contract because of the plaintiff's previous position that the contract was null and void; a party's mistake as to its legal right does not estop it from enforcing those rights under a different theory.

6. Corporations -- Unauthorized Foreign Corporations -- Bar from Suit -- Counterclaims -- Sanctions.

One who contracts with an unqualified foreign corporation may avail himself of the bar to suits by such a corporation and still bring a counterclaim or another action arising from the contract against the corporation; to hold otherwise would allow the ...


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