Legal Opinion

Smith v. District Township

Supreme Court of Iowa

Decided March 24, 1876PublishedCited by 8 opinions

Appeal from Gass District Court. Action upon a contract between the parties, whereby plaintiff was employed to teach a school in the defendant district.The petition alleges that although plaintiff was qualified, ready and willing to perform lii-s contract at tbe time therein prescribed, defendant refused to permit him to perform it and prevented him teaching the school.

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Appeal from Gass District Court. Action upon a contract between the parties, whereby plaintiff was employed to teach a school in the defendant district.The petition alleges that although plaintiff was qualified, ready and willing to perform lii-s contract at tbe time therein prescribed, defendant refused to permit him to perform it and prevented him teaching the school. The answer alleges that the contract sued upon was not executed, that though signed by the sub-director, plaintiff fraudulently obtained possession of it, and by false representations procured the signature thereto of the…

1Opinion of the CourtBeck, J.

I. Evidence was introduced tending to show that plaintiff was discharged, and the contract terminated by the board of directors of the district upon charges brought against him by the sub-director who had executed the contract. The fact of his discharge, and the grounds upon -which such action was had, were shown by the evidence. Thereupon the court instructed the jury in the following language:

“ 3. You are then to inquire whether a complaint was made against the plaintiff to the board of directors after the contract was entered into, charging that he was not a proper person to teach said…

2Cases cited1 opinion

  1. McCord v. HighSupreme Court of Iowa · 1868

3Cited by8 opinions

  1. Board of Directors of Independent School District v. GreenSupreme Court of Iowa · 1967
  2. Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
  3. Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898
  4. Courtright v. Consolidated Independent School DistrictSupreme Court of Iowa · 1927
  5. Park v. Independent School Dist. No. 1Supreme Court of Iowa · 1884

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