Moore v. Starkey

The opinion of the court was delivered by

Price, J.:

This is an action by a school teacher, who was dismissed before his term of employment expired, to recover salary from the school district for the portion of the term remaining after dismissal. A demurrer to the petition on the ground it fails to state facts sufficient to constitute a cause of action was sustained, and plaintiff has appealed.

On April 5, 1957, the contract of employment was entered into. By its terms plaintiff was employed as a teacher for the nine-months term beginning on August 28, 1957. The contract provided that it “shall…