50 Neb. 171 | Neb. | 1897
This is a petition in error to review the judgment of the district court sustaining a general demurrer to plaintiff’s
“This agreement, entered into this 7th day of September, 1891, between school district 27 of Saline county, Nebraska, and Maud Wallace, a qualified teacher of said county, witnesseth: That the said Maud Wallace agrees to teach the school of said district in a faithful and effi*173 ■cient manner for the term of three (3) months and privilege of school year, providing satisfaction is given, com: mencing on the first Monday in September, 1891, and agrees to keep herself qualified and agrees in all things to observe the rules and .regulations of the district board. In consideration whereof said school district agrees to pay said Maud Wallace the sum of $40 per month for said services, and agrees to keep the schoolhouse in good repair and provide necessary fuel; provided, that in case said Maiid Wallace shall be discharged for sufficient cause by the district board, or shall have her certificate annulled, she shall not be entitled to any compensation from and after such dismissal or annulment.
“In witness wher.eof, we have hereunto subscribed our names this 7th day of September, A. D. 1891.
“E. A. Allen, Director. ■
“Maud Wallace, Teacher.
“ Approved:
“A. Lundy, Treasurer.”
It is contended by counsel for defendant that the contract limits the term of employment to a period of three months, commencing on the first Monday in September, 1891, and that neither party was bound at the end of that time unless a new contract in writing was entered into. It is true that the contract fixed definitely the time plaintiff should teach in the first instance at three months, and her services could not have been demanded by the district after that period without she exercised the privilege or option given by the contract; but it does not follow that a new contract in writing was necessary to entitle her to longer remain in the employ of the defendant. It was expressly stipulated at the time of the hiring that she should have the privilege of teaching the school year, which, the petition avers, was nine months, in the event she gave satisfaction. This option, the petition shows, she exercised, and the defendant accepted her services under the contract for six months, the officers of the district representing that she had given good satisfaction.
It is said plaintiff did not tender her services to the district for the time for which she seeks to recover, nor did she go to the schoolhouse to continue her employment. The petition avers that she requested the members of the board to permit her to so do; that they refused and informed her they would oust her from the building if she attempted to'teach. This shows a sufficient offer to perform the contract on her part.
Another contention is that a school district has the power to discharge a teacher a.t any time, and when it exercises that right its decision is final and conclusive. On this question we are cited to Jones v. City of Nebraska City, 1 Neb., 176, and Bays v. State, 6 Neb., 167. The first case was founded upon a statute not now in existence, which in express terms conferred authority upon school boards to remove teachers at pleasure, and the court rightly held that this law entered into and formed part of the contract of hire, and that the teacher could be discharged by the board before the expiration of his employment, whether sufficient canse for dismissal existed or not. The statute under which that decision was rendered not now being in force, the case is not a precedent for any holding that this plaintiff is not entitled to recover. The court in Bays v. State, supra, construed sections 45 and 56 of chapter 68, General Statutes. By section 45 a majority of the members of the. district board were empowered to “hire qualified teachers for and in the
It is further urged that the petition fails to allege that plaintiff was not discharged for good cause or incompetency, therefore it will be presumed that the board had good cause for its action; and there can be no recovery. 'Counsel for defendant must have misread the petition. It is there averred that the defendant, “without any reasonable cause or excuse whatever, refused to suffer this plaintiff to continue in its employ.” • This shows that the -discharge was wrongful. We are constrained to hold that the petition stated a cause of action, and that the court erred in sustaining the demurrer. The judgment is reversed and the cause remanded.
Beversed and remanded.