126 Ark. 622 | Ark. | 1917
Appellee was the plaintiff below and alleged in her complaint that she had entered into a written contract with School District No. 69 of Yell county whereby she agreed to teach school for the period of three months for the consideration of $45.00 per month, and she testified, in support of the allegations of her complaint, that she performed the conditions of this contract by teaching school, and upon the trial she recovered judgment for $135.00, the amount sued for.
It was admitted upon the trial that appellee taught the school, but it was denied that she had any legal contract authorizing her so to do. This issue was submitted to the jury under proper instructions, one of which was requested by appellant, which declared the law to be that a valid contract, could not be made except at a meeting of the board of directors at which all the directors were present or of which all had notice; and it is urged by appellant that there is not sufficient evidence to support the finding that such a meeting was held. The proof shows this to have been a small district, and that there was no regular time for the meeting of the directors, and that no record was niade or kept of the proceedings of the meetings that were held. The directors of the district were named Grant, Beck and Wallace, and the contract sued on was signed only by Grant and Beck. Wallace refused to sign, and testified that no meeting of the directors was ever held. Grant testified, however, that he undertook several times to call a meeting, but was unable to secure Wallace’s attendance, and that he sent notice of a meeting on three different occasions by appellee, and sent notice of another meeting by Wallace’s son. Appellee testified that she delivered these messages. Wallace attended thé meeting, of which he was notified by his son, but on account of the absence of Beck no business was attended to at that time, but he did not attend any other meeting.
While this evidence is not all undisputed, it is legally sufficient, if accepted by the jury as true (and we must a's'sume that this was done), to support the finding of ratification on the part of the district. School District No. 56 v. Jackson, 110 Ark. 262.
The judgment of the court below is affirmed.