Longstreth v. Gensel

The issue presented is whether *678plaintiffs can maintain a cause of action based on violation of MCL 436.33; MSA 18.1004, which prohibits a person from knowingly selling or furnishing alcoholic liquor to a person under twenty-one years of age, against persons who are social hosts.

I

The trial court granted defendants’ motion for summary judgment on the basis of a failure to state a claim upon which relief could be granted. GCR 1963, 117,2(1). A motion brought under this subrule tests the legal sufficiency of plaintiffs’ complaint. The motion should be granted only if the claims are so clearly…