Montgomery v. Board of Education
Ohio Supreme Court
Certified by the Court of Appeals of Union county. The plaintiff in error, Homer Montgomery, brought action in the court of common pleas of Union cotmty against the Board of Education of Liberty Township in said county to recover a sum claimed to be due him from the board of education by virtue of a contract entered into whereby he agreed to convey pupils from a certain section of the school district to and from school during the school term of eight and one-half months, at…
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Certified by the Court of Appeals of Union county. The plaintiff in error, Homer Montgomery, brought action in the court of common pleas of Union cotmty against the Board of Education of Liberty Township in said county to recover a sum claimed to be due him from the board of education by virtue of a contract entered into whereby he agreed to convey pupils from a certain section of the school district to and from school during the school term of eight and one-half months, at the rate of $3.00 per day, payable monthly. Evidence was introduced supporting the claim of plaintiff below, which…
1Opinion of the CourtMatthias, J.
The contract entered into by and between Montgomery and the board of education, as found by the trial court from the evidence,, and which there was ample evidence to support, was an entire contract, wherein it was agreed that Montgomery should transport pupils to and from school during the school term of eight and one-half months at the rate of $3.00 per day, payable monthly. There was no stipulation in the contract whereby either of the parties should be relieved from the obligations thereof by reason of any conditions which might thereafter arise. It is to be observed that the direction of…
2Cases cited7 opinions
- Dewey v. Union School DistrictMichigan Supreme Court · 1880
- McKay v. BarnettUtah Supreme Court · 1900
- Libby v. Inhabitants of DouglasMassachusetts Supreme Judicial Court · 1900
- School Town of Carthage v. GrayIndiana Court of Appeals · 1894
- Smith v. School District No. 64Supreme Court of Kansas · 1913
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