Scott v. School District No. 2
Supreme Court of Vermont
General Assumpsit. Plea, the general issue, and trial by jury, September tex-m, 1873, Royce, J., presiding. The plaintiff’s minor daughter made a contract with the prudential committee of the defendant district, in November, 1870, to teach the then next winter school for the term of twelve weeks ; and this action was brought to recover for the entire term. She commenced the school on the 28th of said November, and taught two weeks.
Read the full summary
General Assumpsit. Plea, the general issue, and trial by jury, September tex-m, 1873, Royce, J., presiding. The plaintiff’s minor daughter made a contract with the prudential committee of the defendant district, in November, 1870, to teach the then next winter school for the term of twelve weeks ; and this action was brought to recover for the entire term. She commenced the school on the 28th of said November, and taught two weeks. At the time she commenced teaching, she had no certificate from the town superintendent of schools, as required by the statute. After she had continued her school…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
I. The continuing of the school by the teacher with the consent and approbation of the prudential committee, after she had obtained a certificate of qualifications, was equivalent to making a new contract to commence then, upon the same terms as the original contract. The fact that she had kept the school one week under an express contract which the law avoided, would not make void this implied contract, although the express contract had to be looked at, to ascertain the terms of the implied contract.
*457II. It appeared that the teacher did…
2Cited by9 opinions
- Board of Education v. PurseSupreme Court of Georgia · 1897
- HOTZ v. SCHOOL-DIST. NO. 9, HUERFANO COUNTY.Colorado Court of Appeals · 1891
- Hosmer v. Sheldon School District No. 2North Dakota Supreme Court · 1894
- School District No. 46 v. JohnsonColorado Court of Appeals · 1914
- Hotz v. School District No. 9Colorado Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.