Legal Opinion

School District No. 3 v. Hale

Supreme Court of Colorado

Decided September 15, 1890PublishedCited by 13 opinions

Appeal from Boulder Oounty Oov/rt. This action was brought by James K. Hale against School District No. 3, to recover $402.50, as the balance due him upon his employment from the 1st of September, 1886, to the 21th of May, 1881, as a teacher in the public schools of that district. His complaint sufficiently set forth the contract of hiring, and his performance, until he was wrongfully discharged in the month of November.

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Appeal from Boulder Oounty Oov/rt. This action was brought by James K. Hale against School District No. 3, to recover $402.50, as the balance due him upon his employment from the 1st of September, 1886, to the 21th of May, 1881, as a teacher in the public schools of that district. His complaint sufficiently set forth the contract of hiring, and his performance, until he was wrongfully discharged in the month of November. It was made to appear that on Sunday, the 28th day of November, at 2 in the afternoon, he was asked to tender his resignation as a teacher. By the same notice he was…

1Opinion of the Court

Bissell, C.

Upon sufficient proof of the contract, its breach and the damages sustained, the plaintiff was entitled *369to recover unless the statute has established a condition precedent, with which the plaintiff must show a’ compliance to entitle him to a judgment in a court of competent jurisdiction. That the plaintiff made ample proof of whatever facts were necessary to entitle him to a judgment, other than proof of an appeal taken, must be presumed.. The evidence upon which the judgment was rendered is not before this court, either in the abstract or in the record, and the court rendering the…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Saxonia Mining & Reduction Co. v. CookSupreme Court of Colorado · 1884

3Cited by13 opinions

  1. Board of Education v. BaconCourt of Appeals of Georgia · 1918
  2. Backie v. Cromwell Consolidated School District No. 13Supreme Court of Minnesota · 1932
  3. Ewin v. Independent School District No. 8Idaho Supreme Court · 1904
  4. Van Dyke v. School District Number 77Washington Supreme Court · 1906
  5. State Board of Agriculture v. MeyersColorado Court of Appeals · 1904

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