Gates v. School District
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. R. T. PowEGG, Special Judge. 1. No motion for a new trial was necessary, as all the facts are settled, and only a question of law remains. 43 Ark. 403 ; 40 id. 327 ; 20 Cal. 387 ; 54 Ind. 193 ; Mansf.
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Appeal from Sebastian Circuit Court, Fort Smith District. R. T. PowEGG, Special Judge. 1. No motion for a new trial was necessary, as all the facts are settled, and only a question of law remains. 43 Ark. 403 ; 40 id. 327 ; 20 Cal. 387 ; 54 Ind. 193 ; Mansf. Dig. -secs. 5142, 5177, 5178-9. 2. Plaintiff, being wrongfully discharged, was entitled to recover the contract salary, subject to be reduced •only by what he earned or might with due diligence have earned by his labor during the breach. 9 Ark. 394 ; 52 ■id. 280 ; 2 Suth. Dam. 473 and cases cited. 3. It was error to deduct $48 for…
1Opinion of the CourtBattle, J.
The School District of Fort Smith, in May, 1888, employed N. P. Gates to superintend its public schools for twelve months, commencing on the first of July, 1888, and ending- on the 30th of June, 1889, and agreed to give to him for his services a salary of $1800 per annum, payable in monthly installments of $150. He entered upon the discharge of his duties as such superintendent, and continued to discharge them from July 1st, to November 7th, 1888, when the school district discharged him without cause, and refused to allow him to act any longer as such superintendent, although he was willing-…
2Cases cited8 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Brodie v. WatkinsSupreme Court of Arkansas · 1878
- Gillis v. SpaceNew York Supreme Court · 1872
- Jaffray v. KingCourt of Appeals of Maryland · 1871
- Smith v. HollisSupreme Court of Arkansas · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Martin v. Board of EducationWest Virginia Supreme Court · 1938
- Nuckolls v. College of Physicians & SurgeonsCalifornia Court of Appeal · 1907
- Griffin v. Oklahoma Natural Gas Corp.Supreme Court of Kansas · 1931
3 more not listed; retrieve them via the Exa API.