John Cannon Agency v. Michigan Bell Telephone Co.

Plaintiff appeals as of right the grant of defendant’s motion for summary judgment for failure to state a claim.

In its complaint, plaintiff alleged that defendant changed plaintiffs telephone number and promised to inform callers dialing the old number of the new number. Defendant failed to do so and, instead, gave callers the number of a different party. That party told callers that no Mr. Cannon was there. As a result, plaintiff allegedly suffered losses in its business.

A motion based on GCR 1963, 117.2(1) challenges the legal sufficiency of a plaintiff’s claim and is to be considered by an…