Legal Opinion

Hemingway v. Joint School District No. 1

Wisconsin Supreme Court

Decided May 29, 1903PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buestell, Circuit Judge. This is an action brought by a school-teacher to recover damages for breach of a contract of employment. Trial by jury was waived, and the ease tried by the court. The facts are not in dispute, and, as found by the court, were in substance as follows: The defendant is a duly organized school district, maintaining a free high school.

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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buestell, Circuit Judge. This is an action brought by a school-teacher to recover damages for breach of a contract of employment. Trial by jury was waived, and the ease tried by the court. The facts are not in dispute, and, as found by the court, were in substance as follows: The defendant is a duly organized school district, maintaining a free high school. In 1899 the plaintiff was a qualified school-teacher, and eligible to the position of principal of the high school. June 13, 1899, the district board of the…

1Opinion of the CourtWinslow, J.

In this case the district board in June entered into a contract in due form with a qualified teacher to téach the school for the next school year, which did not begin until after the annual district meeting in July; and the district meeting assumed to cancel the contract, and the question is whether it had that power.

Our statute (sec. 438, Stats. 1898) provides, in general terms:

“The board shall contract with qualified teachers, specify in the contract the wages per week, month or year to be paid, and when completed file the contract, with a copy of the certificate of the teacher so employed…

2Cases cited1 opinion

  1. Webster v. School District No. 4Wisconsin Supreme Court · 1862

3Cited by3 opinions

  1. Davis v. Public SchoolsMichigan Supreme Court · 1913
  2. School District No. 9, Mesa Co. v. GigaxSupreme Court of Colorado · 1918
  3. Leahy v. Joint School District No. 12Wisconsin Supreme Court · 1928

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