Marr v. School District No. 27
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; George W. Reed, Judge; 1. The undisputed evidence shows that Gentry, the third director, had moved out of the district, and was living in another district at the time the contract was entered into; that one Sam Woods was elected to succeed Gentry, but had refused to serve, and that no one had ever been elected or appointed to serve in his stead.
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Appeal from Cleburne Circuit Court; George W. Reed, Judge; 1. The undisputed evidence shows that Gentry, the third director, had moved out of the district, and was living in another district at the time the contract was entered into; that one Sam Woods was elected to succeed Gentry, but had refused to serve, and that no one had ever been elected or appointed to serve in his stead. Under such circumstances the remaining directors not only had the power but it was their duty to act for the district, and it is bound by their act. 2. If the statute, Kirby’s Digest, § 7615, is mandatory, it is…
1Opinion of the CourtSmith, J.
Appellant instituted this action in the Cleburne Circuit Court to recover damages for the alleged breach of a contract entered into by and between himself and. the directors of School District No. 27 of that county, whereby he wras to teach a common school in said district. Upon the trial before a jury, the court directed a verdict in favor of the appellee, upon which verdict judgment was rendered, and from which judgment this appeal is prosecuted. The contract to teach the school was in writing and conformed to the requirements of section 7615 of Kirby’s Digest and its recitals, so far as…
2Cases cited2 opinions
- School District v. BennettSupreme Court of Arkansas · 1889
- School District Number 54 v. GarrisonSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Bald Knob Special School District v. McDonaldSupreme Court of Arkansas · 1926
- Hart v. BridgesCourt of Appeals of Arkansas · 1990
- Rice v. School District No. 20Supreme Court of Arkansas · 1913