School District No. 36 v. Gardner
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The plaintiff alleged she had a legal contract to teach a four months’ school in district No. 36. Defendants denied this. This made an issue to be tried by a jury. The court erred in taking the issue from the jury. 91 Ark. 335; 105 Id. 106. The court erred in its instructions and in its modifications of defendant’s prayers.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The plaintiff alleged she had a legal contract to teach a four months’ school in district No. 36. Defendants denied this. This made an issue to be tried by a jury. The court erred in taking the issue from the jury. 91 Ark. 335; 105 Id. 106. The court erred in its instructions and in its modifications of defendant’s prayers. A contract with a teacher signed by only two of three directors may be ratified, even though never signed by the third director as here: 110 Ark. 262; 126 Id. 622; 129 Id. 211. But here the third director signed the…
1Opinion of the CourtSmith, J.
Appellee recovered judgment on a contract to teach a school for and in the appellant school district. It is said her contract was not valid because only two of the directors had signed it at the time of its execution. The contract called for a four-months school at $60 per month. The school opened October 14, and was closed by the directors on October 16 on account of the influenza epidemic. Thirty days thereafter the third director, who had not signed the contract originally, did sign it, and on December 9 the school was reopened and appellee taught the remainder of the four months. The…
2Cases cited3 opinions
- Dell Special School District No. 23 v. JohnsonSupreme Court of Arkansas · 1917
- School District No. 56 v. JacksonSupreme Court of Arkansas · 1913
- School District No. 69 v. HundleySupreme Court of Arkansas · 1917
3Cited by4 opinions
- Plunkett-Jarrell Grocery Co. v. TerrySupreme Court of Arkansas · 1953
- Sloan v. AyresSupreme Court of Arkansas · 1945
- Hawkins v. BrewerSupreme Court of Arkansas · 1942
- Plunkett-Jarrell Grocery Co. v. TerrySupreme Court of Arkansas · 1953