Legal Opinion

Welch v. Brown

Supreme Court of Vermont

Decided March 15, 1858Published

Iu this case, a commissioner was appointed who reported the following facts : The defendant, Vose, taught school for the trustee, under a contract, in regard to the validity of which the only question was in relation to the obtaining, by Vose, of a certificate from the town superintendent of schools in Randolph.

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Iu this case, a commissioner was appointed who reported the following facts : The defendant, Vose, taught school for the trustee, under a contract, in regard to the validity of which the only question was in relation to the obtaining, by Vose, of a certificate from the town superintendent of schools in Randolph. On this point the commissioner reported, “ that it was not proved that Vose, before he entered upon said contract, had submitted himself to the examination of the town school superintendent of Randolph, or that he had at that time, or since then, procured from said superintendent any…

1Opinion of the Court

The opinion of the court was delivered by

Poland, J.

The plaintiff, in order to charge the district as the *587trustee of Yose, must show such facts as would establish a legal liability on the district, to pay Yose for teaching the school. The question is just the same as if Vose had sued the district to recover for the same services.

The statute (see Comp. Stat. p. 144, sec. 12,) provides that any contract for teaching, etc., shall be null and void if the teacher shall fail to obtain a certificate of qualification, etc.

The plaintiff claims that in a suit by Yose for his wages, he would not be bound…

2Cases cited1 opinion

  1. Goodrich v. School District No. 1Supreme Court of Vermont · 1853

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