24 Ind. App. 331 | Ind. Ct. App. | 1900
Appellee sued appellant to recover damages for an alleged breach of contract. The complaint was in one paragraph, and alleged that appellee was a licensed school-teacher, and that for the school year of 189 6-9Y he taught school in said township, and that he received as compensation for such services the sum of $2 per day for each day actually taught, and in attending institutes; that at the expiration of said school year, to wit, on or about March 10, 189Y, he contracted with the trustee of said township to teach school number four in said township for and during the school year of 189Y-98, upon the same terms and conditions as those upon which he taught during the school year of 1896-9Y.
As no question is presented as to the sufficiency of the complaint, it is unnecessary to refer to it further, except to say that it alleges a breach of the contract; that after said breach the appellee diligently sought other employment, but failed to procure or obtain any. The appellant answered by general denial, and a jury trial resulted in a verdict for appellee. Appellant’s motion for a new trial was overruled, and judgment was pronounced upon the verdict. Overruling the motion for a new trial is the only error as
A contract between a trustee of a school township and the teacher, embracing the subject of the latter’s right to teach one of the public schools in such township, should be so definite and certain as to embrace all the terms upon which such employment rests. A contract of this character is to be scrutinized with care when it is made far in advance of the opening of the school year, as was the contract in this case, and sound policy requires that its terms should be so definitely fixed and made known that all interested may have full and reliable information concerning it. Fairplay School Tp. v. O’Neal, supra. In that case the complaint declared upon a verbal contract, and it was averred the appellee entered into such contract with the trustee for the term to be held in the school year 1888, and that the trustee promised to pay her “good wages.” It was held that the contract was so indefinite and uncertain that an action for its breach would not lie.
In the case we are now considering, after appellee had testified to all the conversations he had had with the trustee in regard to his employment to teach for the school year of 1897-1898, he was asked this question: “What was the price to be paid per day?” His answer was as follows: “Two dollars is what he paid, I think. That is what he paid me the previous year.” This was all the evidence offered by appellee as to the compensation he was to -receive. In his complaint, he averred that he had taught in said township the previous year; that he was paid $2 per day for days actually taught, etc., and it was then averred he was employed for the school year of 1897-98 “upon the terms and conditions hereinbefore alleged.” Erom the above answer to the inquiry as to what compensation he was to receive for the school year of 1897-98, and as that was all the evidence upon the point, it is evident that upon one material condition, at least, of the Contract, the minds of the contracting parties never met. We can not accept evidence of what compensation appellee received the previous year in support of what he was to receive the ensuing year, and as there was
The fact that the appellee received $2 per day for the days actually taught by him in school number two in said township, for the school year 1896-97, can not be regarded as any criterion that he was to receive the same compensation for teaching school number four, in said township, for the school year 1897-98. While the evidence shows that the appellee and the township trustee had several conversations relating to the former’s employment to teach one of the schools in appellant township,' yet it is clear that the minds of the parties never met as to the.terms of the contract, and that no contract was ever made between them. It follows, therefore, that there is a total failure of evi
The judgment is reversed, and the trial court is directed to sustain appellant’s motion for a new trial.