Legal Opinion

Koons v. Langum

Supreme Court of Minnesota

Decided November 18, 1904No. Nos. 14,209—(73)PublishedCited by 1 opinion

Appeal by defendant from an order of the municipal court of Minneapolis, Holt, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and a verdict in favor of plaintiff for $155,62. Plaintiff knew of the rules of the school and his consent to them must be implied from his acceptance of the position as teacher. Mc-Lellan v. Board, 15 Mo.

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Appeal by defendant from an order of the municipal court of Minneapolis, Holt, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and a verdict in favor of plaintiff for $155,62. Plaintiff knew of the rules of the school and his consent to them must be implied from his acceptance of the position as teacher. Mc-Lellan v. Board, 15 Mo. App. 362. In the employment of a teacher, there is the implied condition which authorizes his dismissal if circumstances arise which render him no longer able or fit to perform the duties of his position. Freeman v.…

1Opinion of the CourtDouglas, J.

Plaintiff recovered a, verdict in the court below for a balance due upon an executory contract by the terms of which he agreed to teach telegraphy in a business school conducted by defendant. From an order of the municipal court of the city of Minneapolis overruling his motion for a new trial, defendant appeals.

As our conclusion leads to a reversal, we deem it important to consider but one of the questions presented. Defendant justifies an alleged discharge of plaintiff because of his conduct, and insists, among other defenses, that by a rule of such school both teachers and students were…

2Cited by1 opinion

  1. Mair v. Southern Minnesota Broadcasting Co.Supreme Court of Minnesota · 1948

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