ROULO v. AUTOMOBILE CLUB OF MICH.

No. 9 June Term 1971, Docket No. 52,893.

386 Mich. 324 (1971)

192 N.W.2d 237

ROULO v. AUTOMOBILE CLUB OF MICHIGAN

Supreme Court of Michigan.

Decided December 21, 1971.


Attorney(s) appearing for the Case

McCabe, Middleton & Schultz, for plaintiff.

Rouse, Selby, Dickinson, Shaw & Pike (by William H. Morman), for defendant.


T.E. BRENNAN, J.

A motion for summary judgment was granted in circuit court and affirmed in the Court of Appeals.

The motion for summary judgment is a classic demurrer. It urged that the complaint fails to state a cause of action.

In such a case, our function is clear. We examine the complaint and decide whether it states a claim. We are not free to disregard any well pleaded fact, nor to expand the allegations...

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