Smith v. School District No. 64

Citations

• 89 Kan. 225
• 131 P. 557
• 1913 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.'</p> <p>1. Tender — Must' be Unconditional. To constitute a sufficient tender it must he unconditional. Where a larger sum than that tendered is in good faith claimed to be due the tender is ineffectual as such if its acceptance invplves the admission that no more is due.</p> <p>2. School Teacher — Board Ordered School Closed — Teacher Entitled to Salary for Full Term. A district board ordered school closed a month earlier than the contract with the teacher provided for, on the ground that it was getting late and the older boys were needed for farm work. Held, that the teacher was entitled to recover his salary for the full term.</p> <p>3. -- Same. A teacher whose contract with the board makes no provision for . deduction in compensation during times when-school is closed, and who stands ready to teach and is prevented from teaching only because the board orders the school closed on account of the prevalence of a contagious disease in the community, is entitled to recover the compensation agreed upon.</p>