Legal Opinion

Benson v. District Township of Silver Lake

Supreme Court of Iowa

Decided December 11, 1896PublishedCited by 4 opinions

Appeal from Dickinson District Court. — Hon. W. B. Quarton, Judge. 1 September 23, 1893, the plaintiff entered into a contract in writing, in the usual form, by the terms of which she was to teach the school in district No. 1, of defendant, for the term of nine months, commencing October 2, 1893, and was to receive therefor the sum of thirty-five dollars per month, to be paid at the end of each month.

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Appeal from Dickinson District Court. — Hon. W. B. Quarton, Judge. 1 September 23, 1893, the plaintiff entered into a contract in writing, in the usual form, by the terms of which she was to teach the school in district No. 1, of defendant, for the term of nine months, commencing October 2, 1893, and was to receive therefor the sum of thirty-five dollars per month, to be paid at the end of each month. The contract was signed by the plaintiff and by the secretary of the defendant’s board; also, by “L. E. Benson, Director.” Benson was, in fact, at the time, the president of the defendant’s…

1Opinion of the CourtKinne, J.

I. Of the many questions discussed by counsel, we shall only consider those which impress us as controlling, in the determination of the case.

2 Did the plaintiff have a valid and binding contract with the defendant? By section 1758 of the Code, it is provided, that “the sub-director, under such rules and restrictions as the board of directors may prescribe, shall negotiate and make in his sub-district, all necessary contracts for. * * * employing teachers * * * All contracts made in .conformity with the provisions of this section, shall be approved by the president, and reported to the board…

2Cases cited5 opinions

  1. Frost v. ClarkSupreme Court of Iowa · 1891
  2. Gambrell v. District Township of LenoxSupreme Court of Iowa · 1880
  3. Winkler v. MillerSupreme Court of Iowa · 1880
  4. Douglass v. HannahSupreme Court of Iowa · 1890
  5. Thompson v. LinnSupreme Court of Iowa · 1872

3Cited by4 opinions

  1. People v. CurranIllinois Supreme Court · 1918
  2. Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898
  3. Schrader v. Cameron Township School DistrictSupreme Court of Iowa · 1936
  4. White v. WohlenbergSupreme Court of Iowa · 1901

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