· 3/29/1921

Montgomery v. Board of Education

Citations

  • 102 Ohio St. (N.S.) 189

Syllabus

<p>Schools — 'Contract to convey pupils — School suspended during epidemic — No deduction in compensation, when.</p> <p>One who entered into a contract, entire in its nature, with a board of education, providing that he should convey pupils to and from school during a school year, of eight and one-half months, at a stipulated compensation payable monthly, is entitled to such compensation during a period of suspension of the schools by the board of education, though it be upon the direction of the board of health as a precautionary health measure, there being no provision in the contract relative to such contingency and it appearing that the suspension was temporary and the person so employed was required to and did continue ready and willing at all times to perform his duties under the contract, which he in fact did upon the resumption of school after such period of suspension.</p>

Judges: Hough, Johnson, Jones, Marshall, Matthias, Robinson, Wanamaker

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