Koth v. Board of Education

The opinion of the Court was delivered by

Mr. Justice Cothran.

I do not agree with the disposition of this appeal indicated in the opinion of the Chief Justice for the following reasons:

The action is for the recovery of $250, an alleged balance due to the plaintiff by the defendant, under the terms of a written contract for the transportation by automobile truck of school children, during the school year 1925-1926.

It appears beyond dispute that in September, 1925, the parties entered into a written contract covering the matter. The plaintiff was to receive $125 per month for his service. A…