196 A. 922 | Pa. Super. Ct. | 1937
Argued December 14, 1937. Plaintiff's motion for judgment for want of a sufficient affidavit of defense was allowed by the court below, and judgment entered for plaintiff and against defendant. Defendant has appealed.
Plaintiff claimed from appellant school district the sum of $150 as a balance due her for salary as school teacher for the school year 1935-1936. Plaintiff was employed as an elementary school teacher under written contract dated April 11, 1933, for the term of ten months for an annual compensation of $1,000. The contract contained the statutory requirements as provided in section 1205, art. 12, of the Act of May 18, 1911, P.L. 309, as amended by the Act of May 29, 1931, P.L. 243, § 26 (24 P. S. § 1126) . Plaintiff taught under the terms of this contract for the school years 1933-1934, 1934-1935, and 1935-1936. For the school year 1935-1936 plaintiff averred that she was entitled to a minimum annual salary of $1,000, plus two minimum annual increments totaling $200; that she was only paid by the appellant the sum of $1,050. Appellant filed an affidavit of defense raising questions of law, *251
in which it averred that plaintiff's statement was insufficient for the reason that: (a) Certain provisions of the Act of May 18, 1911, P.L. 309, as amended (
In Bishop v. Bacon et al.,
Judgment is reversed, with a procedendo.