Costello v. School District

Citations

• 241 Pa. 179
• 88 A. 363
• 1913 Pa. LEXIS 757

Syllabus

<p>Contracts — School districts — Employment of teachers — Damages for breach — Act of May 8,185b, P. L. 617 — Evidence.</p> <p>1. The minutes of a school district showed that on July 9,1908, the proper committee submitted a report in which they said: “We recommend the following teachers......for the school year 1908-1909, High School......vice-principal, B,” That at the same meeting the finance committee recommended that B be paid a salary of $110 per month, and on July 29, 1908, it was moved and seconded “that Solicitor Sharpless be instructed to draw contracts with teachers (naming among others B) as follows: With teachers holding a State certificate or permanent, a contract for three years......(B was within this class). The roll call on the motion resulted as follows: (here follows the vote giving the names of the directors and showing a majority in favor of the motion).” On August 10, 1908, “it was decided by the board to have a writ of mandamus served upon the president to compel him to sign the contracts of the faculty of the high school, as he had heretofore refused to sign them, so as to get the work in the schools going and to have his signature on the contracts of the faculty aforesaid” (here follows the roll-call showing the vote and that the motion was carried). The next minutes showed that on August 6, 1909, another party was elected to the position in question, and when B reported for work he found his place occupied and that he was no longer required. It further appeared that the services of B were dispensed with and this without the assignment of any of the causes named in the Act of May 8, 1854, P. L. 617. In an action of assumpsit brought by B against the school district, it was held that B was entitled to recover the agreed salary of the balance of the three year term less the amount he earned in other employments during that time.</p> <p>2. In such a case, the right of plaintiff to recover really depended upon the action of the board, of which