199 S.E. 887 | W. Va. | 1938
A school teacher seeks damages against a board of education for its alleged breach of his school contract.
May 16, 1935, the board of education of Lincoln County "placed" plaintiff as principal of West Hamlin graded school, in Sheridan District. June 5th, a regular school contract was signed by the president and secretary of the board and plaintiff, which recited his appointment as above stated, and fixed his salary at $124.11 a month for a term of nine months, or such part thereof as funds available would permit. August 30th, the county superintendent of schools, with the approval of the board, transferred plaintiff to Red River school, in Laurel Hill District, and so notified him September 3rd. Ignoring the notice, plaintiff reported for duty at the Hamlin school when the term opened, insisting upon his contractual right to teach there. His demand was refused by the substituted principal and the superintendent. March 9, 1936, the latter notified plaintiff that he could assume the position at Hamlin and he did so at once. In the meantime, he had been a student at Marshall College; and since the first of the year had been supervising adult education in Lincoln County, for which he was paid a monthly salary of $100.00 by a federal bureau. He continued this supervision after assuming the principalship of the Hamlin school. He testified that his supervisory duties were performed mostly at night and had not interfered "in any way" with his collegiate studies or school work. *623
Plaintiff recovered a judgment for $823.60 as salary accruing prior to March 9, 1936, with interest, under his contract to teach the Hamlin school.
There is no appearance here for plaintiff. Counsel for defendant premise that Code,
Counsel take the position that it was incumbent upon plaintiff to mitigate his damages and for that purpose he should have taught the Red River school, and in any event that his claim should be diminished by the amount he received from the federal bureau between January 1st and March 9, 1936. Counsel cite Griffith v. Boom Co.,
The judgment is affirmed.
Affirmed.