39 Minn. 499 | Minn. | 1888
The ruling of the court in the rejection of the defendants’ offered evidence was correct. The defendants having refused to produce the written contract in controversy, after sufficient notice, it was subsequently rightly excluded when offered by them on their branch of the case. 2 Phil. Ev. (5th Ed.) 447; 1 Whart. Ev. § 157; Doon v. Donaher, 113 Mass. 151; Tyng v. U. S. Submarine & Torpedo Boat Co., 1 Hun, 161. The law (Gen. St. 1878, c. 36, § 31) requires that the trustees of a school-district should make written contracts with teachers employed, and the contracts must state the wages per month and the time employed, as agreed on by the parties. These things are matters of substance, and essential to the validity of the contract. The contract, to be binding, must also be signed by the teacher, and by a majority of the trustees; and, in order to show the time for which he is employed, it must appear upon the face of the contract w,hen the term begins and ends. In this case plaintiff’s testimony shows, and is sufficient to support the verdict, that the contract was signed by him, and both parties agree that it was signed by a majority of the trustees, at a meeting when all were present; and plaintiff testifies that it was left with the third, who did not then sign, and who was clerk. The time agreed on was five months, and the date for the commencement was November 14th
2. As we have said, the only essential.particular in dispute upon the testimony in the case was whether plaintiff signed the contract; and, since this was the sole issue raised by the evidence upon the question whether a contract was made or not, we think the charge of the court to which the defendants take exception, as applied to the evidence before the jury, could not have misled them. The court called their attention to the conflict in the evidence on this point, and then added: “There is a difference of testimony, a variation between the parties. In a ease of that kind the statute makes it necessary that the contract for hiring a teacher should be in writing; but, if the necessary trustees belonging to the district signed a writing, it would be a compliance with the law.” The court further, in the same connection, left it to the jury to decide “whether there was a contract, as stated by Mr. McGuiness, at that time, or whether there was not.” The defendants excepted to this instruction, on the ground that the jury
Order affirmed.