31 P. 365 | Cal. | 1892
This is an appeal by the defendants from a judgment awarding the plaintiff a peremptory writ of mandate, and the case is brought here for review on the judgment-roll. The court found the facts of the case to be in substance as follows: In July, 1890, the defendants were the duly elected, qualified, and acting trustees, and constituted the board of trustees of Cottonwood school district in San Benito county. The plaintiff was a duly qualified school teacher and on July 1, 1890, was employed by the defendants to teach the pupils of the Cottonwood school for the term of four months, commencing on the fourteenth day of that month. She was to receive, and agreed to accept, for her services $60 per month, payable monthly by orders drawn by the board on the county superintendent of schools. At the time named she entered upon the performance of her duties as such teacher, and continued to teach the school until August 23d, a period of six weeks, when the defendants, as such board of trustees,
We concur: Haynes, C.; Temple, C.
CURIAM.—For the reasons given in the foregoing opinion the judgment is reversed and the cause remanded for a new trial.