Maxey v. Jefferson County School District No. R-1

Opinion by

Mr. Justice Sutton.

The sole issue on this writ of error is whether Clyde A. Maxey, now deceased, was entitled to be paid as a tenured teacher under teacher salary schedules in force from September 1, 1953 to the date of his death on or about April 8, 1960.

The case was heard by the trial court without a jury on an agreed statement of facts. The court thereafter dismissed the complaint on the grounds of laches and estoppel since the deceased, during his employment, had neither complained about nor sought to enforce payment of the salary differential which, admittedly, totals the sum…