Kimball v. School District No. 122

Citations

• 23 Wash. 520
• 63 P. 213
• 1900 Wash. LEXIS 383

Syllabus

<p>SCHOOLS-TEACHER’S CERTIFICATE — COLLATERAL ATTACK.</p> <p>A temporary certificate to teach granted hy the county superintendent of schools, under the authority of Gen. Stat., § 777, cannot be collaterally attacked in an action brought by a teacher against a school district for breach of contract of employment to teach its school, when there is no allegation of fraud or collusion in obtaining the certificate.</p> <p>SAME-CONTRACT TO TEACH-ENTIRETY — EFFECT OF PARTIAL BREACH.</p> <p>Where a person, under a contract to teach a school for a term of nine months, has a license qualifying her to teach only two months, at the time she tenders her services at the beginning of the school term, the district is released from its obligation to perform its part of the contract, and she has no right of recovery thereon, since the contract is an entire one and a breach as to any material part is a complete discharge as to the whole.</p>