We have your letter of July 1, 1941, presenting the following facts and questions for our opinion, viz: “Several teachers in this county teaching in a common school district made two-year teacher’s con- tracts with the trustees. The agreement as to the contracts was made before the trustee election in April by two of the three trustees. The election was held, and one of the two trustees making the agreement was defeated, but before he left office and before the new trustee qualified, the two agree- ing old trustees held a meeting and employed the teachers, as agreed, and signed the contracts, which were approved by the County Superintendent, before the newly elected trustee qualified. NOW since the new trustee has qualified, he and one of the old trustees desire to cancel the contracts made, heretofore referred to.

“(1) Can they cancel the contracts? If so upon what grounds, (assuming the

” (2) contracts otherwise good)?

“Further, two of the teachers who entered into the new contracts had other and older two year con- tracts upon which they had taught only one year. As- suming that the new contracts can be cancelled can they still stand on the one year remait@ng on e he old contracts?”

We enclose a copy of our Conference Opinion NO. 3069, in Sec. 1 of H.B, 137, wherein we held that the last sentence 45th Leg,, (Art. 2750a, V.A.C.S.) was void for want of a proper If the contract in question was signed before April caption. 24, 1941, the answer to your first question would be a negative *2 Hon. D. Richard Voges, page 2

one, assuming there are no grounds for cancellation not men- tioned in your letter. The defect in the caption to said Article 2750a was removed on .Aprll 24, 1941, by S.B. 126, 47th Leg. If this contract was signed between that date and the qualification of the new trustee and you need our opinion in light of that fact you may advise us.

Yours very truly ATTORNEY GENERAL OF TEXAS By /s/ Glenn R. Lewis Glenn R. Lewis, Assistant APPROVED JUL 21, 1941

/s/ Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL

APPROVED: OPINION COMMITTEE

BY: BWB, Chairman

GRL:AMM:wb

ENCLOSURE