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· 10/13/1919

Holter v. School Dist.

Citations

  • 73 Pa. Super. 14
  • 1919 Pa. Super. LEXIS 165

Syllabus

<p>Public schools — Contract with teachers — School term — Liability of school board — Act of May 18, 1911, P. L. 878'■ (School Code), sections 1205-1208.</p> <p>A school board which contracted with a teacher to teach in a school under its control “for the term of nine months, at a compensation of $50 per month, to be paid monthly,” and in the contract stipulated that the school should open August 28, 1916, is liable under such contract to pay the teacher her full salary commencing August 28, 1916, although the schools were not actually opened until October 2, 1916, because of an epidemic of infantile paralysis.</p> <p>Section 1206 of the School Code, which provides that when a board of school directors is compelled to close a school on account of contagious disease, etc., the school district shall be liable for the salaries of the teachers of such schools for the terms for which they were engaged “unless otherwise provided in their contracts of employment” clearly establishes the liability of the school board for the full term of the employment contract, in the absence of any stipulation or provision relative to reductions of compensation because of the closing of the schools.</p>

Judges: Head, Henderson, Keller, Oblady, Porter, Trexler, Williams

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