| Mich. | Jul 19, 1901
Plaintiff is a school teacher, and had a written contract with defendant district to teach the school in said district for a term of six months, commencing on or about December 11, 1898, at $35 per month. Plaintiff presented himself at the district to teach on that date, but was informed that the building was not ready; that he could go home, and, when it was ready, they would notify him-. He was finally notified, and opened school February 5,1899. He taught until the expiration of six school months from December 11, 1898, and testifies that, before the expiration of this time, he made a new arrangement, orally, with the board, to continue the school for another month, under the old contract. The plaintiff has received
The defendant contends that the contract, not being in writing, is not enforceable. The plaintiff, on the other hand, contends, first, that this is not a new contract, but an enlargement of the original one, which was in writing. We think this proposition is not tenable. The law contemplates that all the terms of the contract shall be in writing; and if, under a claim of enlarging or continuing a written contract, the board might make the principal part of it rest in parol, it would have the effect to render the statute of little value.
It is further contended that, the contract having been performed by the plaintiff, he is entitled to recover, notwithstanding the statute which requires that all such contracts shall be in writing. There is nothing ambiguous about the terms of this statute. 2 Comp. Laws, § 4678. The district board is a board of limited powers, and no good reason can be urged why, when the statute is express, and limits their power to contracts in writing, it should not be observed. The case of Langston v. School District, 121 Mich. 654" court="Mich." date_filed="1899-11-07" href="https://app.midpage.ai/document/langston-v-school-district-no-3-7940299?utm_source=webapp" opinion_id="7940299">121 Mich. 654 (80 N.W. 642" court="Mich." date_filed="1899-11-02" href="https://app.midpage.ai/document/wineman-v-wayne-circuit-judge-7940290?utm_source=webapp" opinion_id="7940290">80 N. W. 642), affirms that, unless the contract is in writing, it cannot be enforced. In that case the previous cases of the court are considered and distinguished. In Crane v. School District, 61 Mich. 299" court="Mich." date_filed="1886-05-06" href="https://app.midpage.ai/document/crane-v-school-district-number-six-7932576?utm_source=webapp" opinion_id="7932576">61 Mich. 299 (28 N. W. 105), it is stated in the opinion that a contract signed by a majority of the board is presumptively valid on its face. There was a written contract in that case, so signed. The present question was, therefore, not in the case, but the question, there was whether the execution of such a contract, not duly authorized, might be ratified by the board without a formal meeting. It was affirmed that it might. So, in the case of Holloway v. School District, 62 Mich. 153" court="Mich." date_filed="1886-06-24" href="https://app.midpage.ai/document/holloway-v-school-district-no-nine-7932655?utm_source=webapp" opinion_id="7932655">62 Mich. 153 (28 N. W. 764), there was a written contract, and the court there held that a contract, valid on its face, actually carried out
The judgment will be reversed, with costs, and a new trial ordered.