Legal Opinion

Stackpole v. School District No. 5

Oregon Supreme Court

Decided October 15, 1881PublishedCited by 8 opinions

Appeal from Union. The facts are stated in the opinion.

1Opinion of the Court

By the Court,

Lord, C. J.:

This is an action for a breach of contract to render services as a teacher, and the claim is for damages. The objection is that the complaint does not state facts sufficient to constitute a cause of action in this, that it is not averred that the plaintiff ever presented his claim to the school directors before bringing his action. Under our statute the directors, in making a contract with a teacher, act officially and on behalf of the district, and their powers as such officers are limited by statute; and they can only exercise such as are expressly conferred, or are…

2Cases cited1 opinion

  1. Fobes v. School DistrictWisconsin Supreme Court · 1859

3Cited by8 opinions

  1. Sheridan v. City of SalemOregon Supreme Court · 1886
  2. Johnson v. School District No. 12Oregon Supreme Court · 1957
  3. Philomath v. IngleOregon Supreme Court · 1902
  4. Barrow v. School Dist. No. 8Oregon Supreme Court · 1917
  5. Richardson v. City of SalemOregon Supreme Court · 1908

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