Athearn v. Independent District of Millersburg
Supreme Court of Iowa
Appeal from Iowa Circuit Court. Action upon a contract under which plaintiff was employed to teach a school. Having taught part of the term for which he was employed, he was discharged without cause, and this action is brought to recover damage for this breach of the contract. The instrument sued on is signed by the directors of defendant, and approved by its president and secretary, by a writing indorsed thereon and signed by them.
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Appeal from Iowa Circuit Court. Action upon a contract under which plaintiff was employed to teach a school. Having taught part of the term for which he was employed, he was discharged without cause, and this action is brought to recover damage for this breach of the contract. The instrument sued on is signed by the directors of defendant, and approved by its president and secretary, by a writing indorsed thereon and signed by them. The defendant is described in the contract by the name, “ Independent District, Township of Millersburg.” The plaintiff was paid by defendant for the time he…
1Opinion of the CourtBeck, J.
1. School district ¡ corporation : evidence : I. The exclusion of the evidence offered by defendant, and the instruction given the jury, are made the foundation of the assignment of errors. There are really but three questions presented in the ht\ * -i ,• case. 1. Does the misnomer oi clelenaant m the contract defeat it? 2. Would the facts offered to be shown by the excluded evidence, i. e., that the contract was not executed by the officers of defendant as a board, but individually, and that there was no action by the directors recorded in the books of defendant, authorizing or ratifying the…
2Cases cited10 opinions
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- Randall v. Van VechtenNew York Supreme Court · 1821
- Fister v. La RueNew York Supreme Court · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Long v. Pierce CountyWashington Supreme Court · 1900
- Township of Taymouth v. KoehlerMichigan Supreme Court · 1876
- Hull v. Independent School DistrictSupreme Court of Iowa · 1890
- Bobzin v. Gould Balance Valve Co.Supreme Court of Iowa · 1908
- German Ins. Co. of Freeport v. Independent School. Dist. of MilfordCourt of Appeals for the Eighth Circuit · 1897
23 more not listed; retrieve them via the Exa API.