Pearson v. School District Number 8 of Greenfield
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TurNer, Circuit Judge. This action was brought to recover damages for breach of contract. The plaintiff was a duly qualified teacher in Milwaukee county, Wisconsin, and the defendant a duly organized school district.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TurNer, Circuit Judge. This action was brought to recover damages for breach of contract. The plaintiff was a duly qualified teacher in Milwaukee county, Wisconsin, and the defendant a duly organized school district. The plaintiff’s complaint is based upon an alleged contract with the defendant to teach its school for one year and that the defendant breached the contract, in consequence of which plaintiff sustained damages. The defendant claims that the contract was void because not in writing. The jury returned the…
1Opinion of the Court
The following opinion was filed January 31, 1911:
NeewiN, J.
The only question here is whether the contract alleged to have been made between the plaintiff and defendant is valid. That question turns upon whether sec. 438, Stats. (1898), requires the contract to be in writing. The contract by its terms was to be performed within one year from the time of making thereof. But it is argued by counsel for appellant that the district board is required to strictly follow the statute, and that it has no power to contract otherwise than as provided by the statute. This may be granted, and the question…
2Cases cited4 opinions
- McNolty v. Board of School DirectorsWisconsin Supreme Court · 1899
- Jackson School Township v. SheraIndiana Court of Appeals · 1893
- McShane v. School District Number 5, Township 32, Range 18Missouri Court of Appeals · 1897
- Roberts v. Clay CityCourt of Appeals of Kentucky · 1897
3Cited by5 opinions
- Board of Education of Escambia County v. WattsAlabama Court of Appeals · 1922
- Schaut v. Joint School District No. 6 of Lena & Little RiverWisconsin Supreme Court · 1926
- Clune v. School District No. 3Wisconsin Supreme Court · 1918
- Leahy v. Joint School District No. 12Wisconsin Supreme Court · 1928
- Estate of Hammersley v. Wisconsin County Mutual InsuranceCourt of Appeals of Wisconsin · 2012