Legal Opinion

Hitchens v. School District No. 180

Superior Court of Delaware

Decided April 12, 1905PublishedCited by 1 opinion

Action op Assumpsit on an alleged verbal contract between the plaintiff and the defendant corporation, under which he agreed to teach the public school at Redden, in Sussex County, for seven months beginning September 30, 1901, at $40 per month.

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Action op Assumpsit on an alleged verbal contract between the plaintiff and the defendant corporation, under which he agreed to teach the public school at Redden, in Sussex County, for seven months beginning September 30, 1901, at $40 per month. At the trial the plaintiff testified to the facts of his employment, and stated that after teaching for eleven days, the school house was locked by the school committee and that he was not permitted by said committee to complete his contract, although tendering himself ready so to do. (See further facts in opinion of Court denying the motion for…

1Opinion of the Court

Speuabtce, J.:

—In the case cited, Smith vs. School District, the agreement for the employment of the teacher was made with the commissioners individually, and not at a meeting of the board, and the Court very properly held that said agreement did not bind the corporation defendant, saying, that “ In the employment of teachers, the contract to be valid should either be made at a meeting of the committee in the first instance, or else be ratified at such a meeting of the committee; of which meeting all the committee should have notice and the opportunity to attend ; and at which a majority must…

2Cited by1 opinion

  1. Ogden-Howard Co. v. BrandSupreme Court of Delaware · 1919

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