Toye v. Exeter Borough School District

Citations

• 225 Pa. 236
• 74 A. 60
• 1909 Pa. LEXIS 641

Syllabus

<p>School law — Teachers—Election of principal — Act of June 25, 1885, P. L. 175.</p> <p>-1, Under the Act of June 25, 1885, P. L. 175, the board of directors of public schools have the power to elect a principal or teaching superintendent for a term of three ears.</p> <p>2. In an action by a principal of a public school against a school district to recover his salary after an alleged improper discharge, a written contract of employment of the plaintiff executed in the name of the directors by the president and secretary of'the board, is properly admissible in evidence, where the minutes of the board show that the plaintiff was elected principal by the affirmative votes of a majority of the whole number of electors, the names of the members both for and against him being duly entered, and that his term and salary were fixed by a unanimous vo‘te.</p> <p>3. Where a teacher is dismissed for ineompetency and neglect of duty, and the minutes of the board of directors show that the dismissal- for these causes was by a unanimous vote, the minutes are conclusive as to the propriety of the dismissal in the absence of any charge or evidence of bad faith, or abuse of power upon the part of the board. In such a case it is error for the court to admit evidence to contradict the minutes.</p>