McKay v. Barnett
Utah Supreme Court
Original application for a writ of mandamus to compel defendant as treasurer of tbe Board of Education of Salt Lake City to pay plaintiff a warrant issued to her for a certain period of sixteen days, during which time the schools of Salt Lake City were temporarily suspended on account of an epidemic of smallpox. STATEMENT OF FACTS.
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Original application for a writ of mandamus to compel defendant as treasurer of tbe Board of Education of Salt Lake City to pay plaintiff a warrant issued to her for a certain period of sixteen days, during which time the schools of Salt Lake City were temporarily suspended on account of an epidemic of smallpox. STATEMENT OF FACTS. In this case the plaintiff has made an original application to this court for a writ of mandate to enforce the payment, by the defendant, Josiah Barnett, Treasurer of the Board of Education of Salt Lake City, of a warrant for $56.00 issued to said plaintiff by said…
1Opinion of the CourtBasein, J.
It is conceded that the Board of Education had authority to make said contract.
1. The first point of contention is, whether the plaintiff, under said contract, is entitled to compensation for the period of sixteen days during which the schools were closed, and during which she was not actually occupied in teaching.
In construing the contract each of its provisions must be considered in connection with the others, and if possible effect must be given to all. A construction which entirely neutralizes one provision should not be adopted, if the contract is susceptible of another which gives…
2Cases cited4 opinions
- Jones v. United StatesSupreme Court of the United States · 1878
- Charlestown School Township v. HayIndiana Supreme Court · 1881
- Dewey v. Union School DistrictMichigan Supreme Court · 1880
- Libby v. Inhabitants of DouglasMassachusetts Supreme Judicial Court · 1900
3Cited by17 opinions
- McCallister v. Texas Co.Court of Appeals of Texas · 1920
- T. M. Sinclair & Co. v. National Surety Co.Supreme Court of Iowa · 1906
- Bitzes v. Sunset Oaks, Inc.Utah Supreme Court · 1982
- Phelps v. School District No. 109Illinois Supreme Court · 1922
- Gregg School Township v. HinshawIndiana Court of Appeals · 1921
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