41 Minn. 94 | Minn. | 1889
This action is brought to recover upon a contract alleged in the complaint to have been entered into between the parties, whereby the plaintiff’s services as a minister of the gospel were engaged by the defendant at an agreed compensation or salary of $3,000 per annum, payable in monthly instalments of $250 each. He alleges that he commenced his labors on the 1st day of January, 1886, and continued in the service of the defendant as such minister until May 1, 1887; that he has been paid therefor to the 1st day of November, 1886, and no more; and he seeks to recover the amount of salary at the rate stated for six months, ending May 1, 1887. The answer denies that any contract was ever consummated between the parties, but admits that a call was extended to him by the defendant to become its regularly installed pastor, which was never finally accepted by him, and that he never consented to become the pastor of the church, though he preached for thé defendant during the year 1886, except for six Sundays.
According to the usage and-form of government of the Presbyterian Church, the call is made by the congregation duly convened, and the amount of compensation or salary is fixed by if, and inserted in the call, and this in harmony with the provisions of the statute, (Gen. St. 1878, c. 34, § 225,) under which the sole authority is vested in the society or congregation to agree upon the amount to be paid. But the pastoral relation can only be established with the consent, and under the authority and direction, of the presbytery having jurisdiction. The call and proceedings of the parties under it are subject to the usages and discipline of the church, and the courts will not interfere
In this instance the call of the congregation was in the customary form, was approved by the presbytery, and placed in the plaintiff’s' hands, and was held by him without final action or unconditional acceptance on his part, and he was suffered by the presbytery to hold it, in the mean time awaiting his determination or conclusion in the matter. This is sufficient evidence that he had not accepted. By the terms of the call the congregation proposed to pay the salary fixed during the time of plaintiff’s “being and continuing the regular pastor of this church.” The congregation, in making it, evidently contemplated the early ^establishment by the presbytery of the regular pastoral relation, in the usual course of proceedings, which could only follow from an acceptance and consent by the plaintiff such as would authorize the presbytery to constitute that relation. But this essential was lacking. There was no acceptance of the call as made, and hence no warrant for the establishment of the regular pastoral rela
As respects the civil obligations of the defendant we are unable to see why it was not competent for the congregation, under the circumstances of this case, at that time to signify their refusal to accept plaintiff as their future pastor, or to engage to pay him as such, and the withdrawal of their petition for his installation. And that was a
• In respect to the plaintiff's assignments of error touching the admission in evidence of the record of this meeting, it is sufficient to say that the objections made thereto on the trial were not tenable, and there is no exception to the charge on that subject. The formal call evidently relates to the permanent or regular pastorate, under the sanction of the proper ecclesiastical authority. Unless the candidate accepts and consents to such relation, no contract for his permanent employment. as regular pastor, and for the payment of his salary as such, can be formed or made obligatory upon the congregation., though they may consent voluntarily,to accept his services under the call-iwhile reserving his decision.
The plaintiff’s contention is, as we understand it, that because he performed, and they accepted and paid him for, services in pursuance of the call for the time alleged, the contract became obligatory upon them for future services, until released by the presbytery, though he still held the call to accept or reject at his option. But the engagement to pay the salary of a pastor under a call like this is. a civil
The defendant’s liability to plaintiff for future compensation growing out of the stipulation as to salary in the call, or the relations of the parties under it, terminated with the month of December, 1886. Whether further proceedings before the presbytery might be necessary in order to secure a formal withdrawal and return of the call by reason of its-jurisdiction in the premises, and in the orderly course of ecclesiastical procedure, it is not necessary to consider here. This does not affect the question of the civil liability of the congregation for the temporary employment of the pastor-elect prior to his acceptance of the call; and the ecclesiastical body, it may be presumed, would, in due course, protect them from the establishment of the pastoral relation against their will.
Many of plaintiff’s numerous assignments of error relate to the-charge or omissions in the charge of the court, but there was no exception to the charge which affects any material question upon the record; and, as our decision is based upon what appear to be the undisputed facts, it is not necessary to refer to questions which could in. no wise influence the result.
Order affirmed.
Note. A motion for reargument of this ease was denied July 9,1889.