113 Ky. 475 | Ky. Ct. App. | 1902
Opinion op the court by
Affirming.
A demurrer to the petition as amended was sustained, and, the plaintiff (appellant) failing to plead further, the court dismissed the petition. It was substantially averred in the petition by the appellant that he and the trustees of colored common-school district No. A, on July 6. 1901, entered into a written contract by which he was employed to
Tt is urged: (1) That the school district is not liable for any damages that the appellant may have sustained for the alleged violation of the contract; that the trustees individually are responsible. (2) That the contract which is the basis of the suit is not enforceable under the common-school law; hence no action can be maintained thereon. We will consider the questions in the order stated.
Section 4437, Kentucky Statutes, provides that trustees of common-school districts and their successors shall be a body politic and corporate, with perpetual succession, by the name of the trustees, for their school districts, and as such may sue and be sued. Tn such contracts as they are authorized to make they represent the district in its corporate capacity. When they employ a teacher they do not act as individuals, but for the district. If they violate their contract, the school district is responsible therefor. This court so held in Johnson v. Trustees 18 R., 888 (38 S. W., 861).
The other question is a more serious one. Section 444b, Kentucky Statutes, reads as follows: “The trustees in their corporate capacity, at a meeting called for that purpose, shall employ a qualified teacher, agree with him as to com
The judgment is affirmed.