Morrow v. Board of Education
South Dakota Supreme Court
Appeal from circuit court, Brule county. Hon. D. Haney, Judge. . Action to recover for wages as public school teacher.' Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. Where a teacher contracts to teach in a department where the duties of the position have been fixed and established, the presumption is that the duties to be performed under the contract will be the same as previously prevailed. Comp.
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Appeal from circuit court, Brule county. Hon. D. Haney, Judge. . Action to recover for wages as public school teacher.' Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. Where a teacher contracts to teach in a department where the duties of the position have been fixed and established, the presumption is that the duties to be performed under the contract will be the same as previously prevailed. Comp. Laws, § 3551. Pearson v. Past, 2 Dak. 220; Powers v. Bowdle, 54 N. W. 408; Walls v. Bailey, 49 N. WÍ 464; Collendar v. Dirismore, 55 N. Y. 204; Company v.…
1Opinion of the Court
Púller, J.
Based upon an express .contract, and under an averment of full compliance therewith upon her part, this action is brought by a public school teacher against a board of education to recover the balance claimed to be due thereunder, at $40 per month, from the 18th day of September, 1893, to the 13th day of April, 1894, tpgether with $80 which it is alleged would have become due under said contract had not defendant wrongfully and unjustifiably discharged and dismissed plaintiff *555from the schools, in violation of the terms of said contract. The case was tried to the court without a…
2Cases cited1 opinion
- Wernli v. CollinsSupreme Court of Iowa · 1893
3Cited by2 opinions
- Neeper v. StewartCourt of Appeals of Texas · 1933
- Ward v. MorrowCourt of Appeals for the Eighth Circuit · 1926