School District No. 26 v. McComb
Supreme Court of Colorado
Appeal from the District Court of Huerfano County. This action was brought by Mrs. P. Q. McComb against school district No. 26, Huerfano county, Colorado, to recover on account of being discharged and prevented from performing her duties as a teacher under a written contract dated October 15, 1888, whereby she was employed to teach school for. district No. 26 in Huerfano county for the period of six months, at $45 per month.
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Appeal from the District Court of Huerfano County. This action was brought by Mrs. P. Q. McComb against school district No. 26, Huerfano county, Colorado, to recover on account of being discharged and prevented from performing her duties as a teacher under a written contract dated October 15, 1888, whereby she was employed to teach school for. district No. 26 in Huerfano county for the period of six months, at $45 per month. She entered upon the duties of such teacher on the 15th day of October, 1888, and. taught two months and a half, for which she was paid the sum of $112.50. On the 21st…
1Opinion of the CourtJustice Goddard
The appellant’s contention is'that the contract sued on is not valid and binding upon the school district, because it is not shown that it was made, or authorized to be made, and signed by the directors, while in session as a board.
This objection was not available to the appellant. The contract is set out in hcec verba in the complaint, and the answer denying its execution is not verified. Its due execution is thereby admitted. “ When an action is brought upon a written instrument, and the complaint contains a copy of such instrument, or a copy is annexed thereto, the genuineness and due…
2Cited by7 opinions
- School District No. 1 v. ParkerSupreme Court of Colorado · 1927
- Foreman v. School District No. 25Oregon Supreme Court · 1916
- School District No. 25 v. StoneColorado Court of Appeals · 1900
- School District 38, El Paso County v. ThomasSupreme Court of Colorado · 1961
- Bonebrake v. TauerSupreme Court of Kansas · 1903
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