Legal Opinion

Doyan v. School District No. 3

Supreme Court of Vermont

Decided January 15, 1863PublishedCited by 1 opinion

Assumpsit for the breach by the defendants of their contract of employment, of the plaintiff to teach their school. The declaration contained no averment that the plaintiff had procured any certificate of qualification to teach, as required by section 12, chap. 20, Comp. Stat. The defendant demurred to the declaration. The county court at the April term, 1862, Aldis, J., presiding, overruled the demurrer, to which the defendant excepted,

1Opinion of the CourtBarrett, J.

The declaration counts- on a contract with the plaintiff to teach a district-school for three months. The alleged defect in the declaration is the want of an averment of having procured the certificate required-by Comp. Stat., chap. 20, sec. 1-2. .That provision provides for an incident, that supervenes upon the contract-, and does not necessarily enter into its terms. *521If that incident is not shown to have been complied with, the contract becomes void. But this is matter of evidence pertaining to the remedy, and need not be averred in the declaration. It stands upon the same principle as Kent…

2Cases cited1 opinion

  1. Kent v. Town of LincolnSupreme Court of Vermont · 1860

3Cited by1 opinion

  1. Town of Woodstock v. Town of HancockSupreme Court of Vermont · 1890

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