Gustafson v. Faris

This is an appeal from an order granting defendants’ motion for partial summary judgment. The motion was apparently based upon GCR 1963, 117.2(1), which provides for a summary judgment in cases where plaintiffs fail to state a claim upon which relief can be granted. Since motions based upon GCR 1963, 117.2(1) are to be tested by the pleadings alone, Todd v Biglow, 51 Mich App 346; 214 NW2d 733 (1974), a substantial portion of plaintiffs’ complaint is here quoted:

"1. That plaintiff herein is the duly appointed Administrator of the Estate of said decedent pursuant to proceedings had in the…