Kimball v. City of Salem
Massachusetts Supreme Judicial Court
Contract to recover for services as superintendent of public schools in Salem from July 1 to December 3, 1871. The case was submitted to the judgment of the Superior Court on the following agreed facts: On December 29, 1865, the city council of Salem passed the following ordinance: “ The school committee are hereby empowered and required annually to appoint a superintendent of public schools, who, under the direction and control of said committee, shall have the care and…
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Contract to recover for services as superintendent of public schools in Salem from July 1 to December 3, 1871. The case was submitted to the judgment of the Superior Court on the following agreed facts: On December 29, 1865, the city council of Salem passed the following ordinance: “ The school committee are hereby empowered and required annually to appoint a superintendent of public schools, who, under the direction and control of said committee, shall have the care and supervision of the schools agreeably to the provisions of the 35th section of chapter 38 of the General Statutes and all…
1Opinion of the CourtWekls, J.
This suit is brought for services actually rendered by the plaintiff to the city, under the authority and by the express direction and approval of the school committee. It does not, therefore, necessarily raise the question whether his appointment created a contract for a year, which he could have enforced if his services had been dispensed with. Chase v. Lowell, 7 Gray, 33.
The school committee are officers of the city; in many respects having independent authority to bind the city by their acts and contracts. The general charge of the schools is intrusted to them, with large discretion. They…
2Cited by7 opinions
- Leonard v. School Committee of the City of SpringfieldMassachusetts Supreme Judicial Court · 1922
- Whittaker v. City of SalemMassachusetts Supreme Judicial Court · 1914
- Hooker v. McLennanMassachusetts Supreme Judicial Court · 1920
- Freeman v. Inhabitants of BourneMassachusetts Supreme Judicial Court · 1898
- Forbes v. KaneMassachusetts Supreme Judicial Court · 1944
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