45 Ind. App. 572 | Ind. Ct. App. | 1909
Appellant, plaintiff below, commenced this action in the Posey Circuit Court against appellee, to recover damages for the alleged breach of a written contract of employment, and his discharge without cause.
Upon proper application the cause was venued to the court below, where an amended complaint was filed. To this complaint the appellee answered in three paragraphs: (1) Justification; (2) payment; (3) general denial. Upon the issues thus formed the cause was tried by the court. There was a general finding in favor of appellee, and, over a motion for a new trial, judgment was rendered thereon.
We quote from appellant’s brief: “In this case, as the record comes to the court, the only available question is presented by appellant’s motion for a new trial, based solely upon the insufficiency of the evidence to support the finding, and that the finding is contrary to law.” It appears from the allegations of the amended complaint that appellant entered into a wuntten contract with appellee, through its agents, to teach the students and assume all the duties incumbent upon a principal teacher in the colored school in the city of Mount Vernon, for and during the school year beginning September 12, 1904; that for such services he was to receive the sum of $60 per month. The contract is copied into said complaint, and contains, among other things, the agreement on the part of appellant
“faithfully, zealously and impartially to perform all the duties as such teacher, and to make all reports re*574 quired by the school board, superintendent or school law, and to conform to all the rules and regulations of said board and superintendent, and faithfully and impartially to enforce them among the pupils.”
Said contract further provides:
“In case said teacher shall be discharged from said school by said board for ineompetency, cruelty, gross immorality, neglect of business, or a violation of any of the stipulations of this contract, '* ® * he shall not be entitled to any compensation after notice of dismissal,” etc.
It is further alleged that appellant entered upon the discharge of his duties under said contract, and continued so to discharge them until November 23, 1904, when he received a notice in writing from appellee that the contract should terminate on that day, and that on said day, without cause or fault on the part of appellant, appellee discharged him as the principal teacher of said school; that by said discharge he was left without employment as a teacher, which was his usual employment, and the one for which he had fitted himself ; that he was unable to secure other employment; that said discharge was a serious attack upon his character and reputation, and on his competency as a teacher, and that by reason thereof he was compelled to leave the city of Mount Vernon and to seek employment elsewhere, to his damage, etc.
Judgment affirmed.