Legal Opinion

School Directors v. Hudson

Illinois Supreme Court

Decided January 15, 1878PublishedCited by 8 opinions

Appeal from the Circuit Court of Mason county; the Hon. Lyman Lacey, Judge, presiding. Miss Hudson was a teacher employed by the directors. Her duties required her to teach in a graded school—the pupils in a certain room. Without leave from the directors, she employed and procured another person to take her place temporarily as teacher of the pupils in her room, and absented herself from her post. This was at noon on Wednesday.

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Appeal from the Circuit Court of Mason county; the Hon. Lyman Lacey, Judge, presiding. Miss Hudson was a teacher employed by the directors. Her duties required her to teach in a graded school—the pupils in a certain room. Without leave from the directors, she employed and procured another person to take her place temporarily as teacher of the pupils in her room, and absented herself from her post. This was at noon on Wednesday. On Thursday morning the acting principal of the school requested her to return to her duty at once, but she refused to do so until after a vacation which was to begin…

1Opinion of the CourtJustice Dickey

This judgment must be reversed. When a teacher is selected 'and employed, the contract is for the personal services of that teacher. The teacher can not fulfill the contract by hiring a substitute. A temporary absence of a short time, with the temporary substitution of another competent teacher, might not, under certain circumstances, constitute such a breach of contract as would authorize the employers to consider the contract at an end. The circumstances might be such that the teacher would be warranted in assuming the approval thereof, or the consent thereto by the employers, without any…

2Cited by8 opinions

  1. First Nat. Bank v. HummelSupreme Court of Colorado · 1890
  2. May v. New York Motion Picture Corp.California Court of Appeal · 1920
  3. Hong v. Independent School District No. 245Supreme Court of Minnesota · 1930
  4. Catlin v. ChristieColorado Court of Appeals · 1900
  5. Auran v. Mentor School District No. 1North Dakota Supreme Court · 1930

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