Hitchens v. School District No. 180

Citations

• 21 Del. 325
• 5 Penne. 325
• 62 A. 897
• 1905 Del. LEXIS 16

Syllabus

<p>Assumpsit—Contract—School District; Commissioners of—Teacher; Employment of—Meeting of Commissioners, When Legal— Employment of Teacher, When Binding—Condition of Employment.</p> <p>1. When two of the three commissioners of a school district, at a meeting of which the other commissioner had due notice, verbally employ a person as a teacher of the district, such employment is legal, and binding upon the district.</p> <p>2. Where one employed for service for a certain period, at a certain compensation, enters into the service of his employer, and is discharged without sufficient cause, before the expiration of the period, he is entitled to recover the wages he would have been entitled to had he been permitted to remain in the service to the end of said period.</p> <p>3. But if such discharge was for the failure or refusal of the employee to observe any material condition of his employment, such discharge would be justified, and the employee could not recover compensation for the residue of the period. An agreement on the part of the teacher, at the time of his employment, to take his dinner to the school, and remain on the school premises during the recess and noon periods, and not to board at a certain place, would be a material condition of the employment.</p>