77 Ind. 447 | Ind. | 1881
The demurrer of the appellant — who was the plaintiff below — to the answer was carried back and sustained to the complaint, and judgment given for thé appellee. We give the substance of the complaint:
The plaintiff says, that, on the 6th day of March, 1877, he entered into a contract with said defendant by her then trustee, John Steed, to teach and act as superintendent of the graded school of the town of Harmony, in said county, the same not being an incorporated town, for the then ensuing school year, to commence on the — day of September, 1877, at and for the agreed price of $4.50 per day; that they undertook to reduce said contract to writing, but as they were both ignorant of the amount of money to be used for said school, they left the length of time to be taught in said school district blank, but plaintiff says that all the material parts of said contract were reduced to writing, and signed by this plaintiff, and the said Steed, for said township, a copy of which contract is filed herewith and made a part hereof; that said school, when ascertained, was one hundred and forty-eight days, and at the commence
“Teacher’s contract: It is hereby contracted and agreed, between John Steed, township trustee of the township of Van Burén, county of Cky, and State of Indiana, and William H. Atkins, a regularly licensed teacher of said county, that the said William H. Atkins shall superintend the school ' in Harmony, and teach grade No. 1 in said school in said township for the term of-weeks, of five days each, for the sum of $4.50 per day, commencing on the — day of September, 1877. And the said William H. Atkins agrees faithfully, etc. * * * The said John Steed, township trustee, agrees to keep the school house in said district in good repair, * * * and to pay the said William H. Atkins the sum of-dollars, the same being the amount of wages at $4.50 per day, as above agreed upon, to be paid upon the receipt of his report as teacher of said school, etc. Provided, etc.
“In witness whereof, we have hereunto subscribed our names, this 6th day of March, 1877.
“John Steed, Township Trustee.
“William H. Atkins, Teacher.”
If treated as a contract of employment for an indefinite time, the appellant could claim no more than nominal damages for the breach of the agreement. There is no available error in sustaining a demurrer to a complaint which, is good for such damages only. Axtel v. Chase, ante,p. 74.
The judgment is affirmed, with costs.