School District No. 2 v. Shuck
Supreme Court of Colorado
Error to Fremont District Court — Hon. Morton S. Bailey, Judge. Suit by a school teacher against a school district to recover damages for an alleged breach of contract of employment.
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Error to Fremont District Court — Hon. Morton S. Bailey, Judge. Suit by a school teacher against a school district to recover damages for an alleged breach of contract of employment. Plaintiff alleges that defendant, a district of the first class, employed him as principal of its high school at Florence for one year from May 31st, 1905, to May 31st, 1906, at $1,200.00; that he was duly licensed by its board of directors, and taught until February 14th, 1906, when said board notified him it had revoked his certificate the previous day, and he was prohibited from teaching without a license;…
1Opinion of the CourtJustice Garrigues
There are only two questions in the case: First, were the demurrers properly sustained; second, is the judgment right. Both must be answered in the affirmative. The second and third defenses plead fraud in procuring said certificate and contract, in that plaintiff represented himself a man of good moral character, whereas his character was bad. Fraud cannot be pleaded this way generally. The acts or things constituting fraud must be set out. Saying one’s character is bad, is the pleader’s conclusion. His acts, or things he does which make it bad, must be pleaded. Others might form different…
2Cited by16 opinions
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- School District No. 1 v. ParkerSupreme Court of Colorado · 1927
- School District No. 1 v. ThompsonSupreme Court of Colorado · 1950
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