55 F. 372 | U.S. Circuit Court for the District of Oregon | 1893
The plaintiff sued School District Ho.. 7, of Lake county, upon a contract made on June 1, 1889. The questions presented in this case on demurrer to the complaint are — First, whether under the laws of Oregon a school district can enter into a contract of employment with a teacher for the period of two scholastic years; and, second, whether such a contract is void for uncertainty if the stipulation for the teacher’s compensation provides that he shaR receive the same salary for his services as was established at the date of the contract for like services by the board of directors of the school district within which the city of Portland is situated.
It is contended on behalf of the defendant that the school directors have not power to enter into a contract extending
íhíeliev is the contract void for want of certainty as to the terms of payment. That is certain which may be rendered certain. It does not appear from the complaint that the compensation to he paid ¡he plalmiff was not capable of being rendered certain by referorj'f. to a fixed aaid definite standard of compensation established by the directors of another district. The practice of so expressing ■ilie míe of compensation In a contract may be justly open to criticism when it is considered feat the directors are trustees of the people, and owe to ¡hem full and accurate information as to the terms of all contracts; yet upon a demurrer to a complaint filed to recover compensation under such a contract, after the same has been executed, liite court will not he justified in holding the contrast void.
The demurrer is overruled.