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Mc KAY v. BARNETT

Supreme Court of Utah

March 28, 1900, Decided

No Number in Original

Opinion

 [*240]   [**1100]  STATEMENT OF FACTS.

In this case the plaintiff has made an original application  [*241]  to this court for a writ of mandate to enforce the payment, by the defendant, Josiah Barnett, Treasurer of the Board of Education of Salt Lake City, of a warrant for $ 56.00 issued to said plaintiff by said board, the payment of which was refused by said treasurer.

The facts set out in the affidavit of plaintiff, and upon which she relies, are that on the 11th day of September, 1899, she, as party of the second part, and the said 'Board of Education as party of the first part, entered into a written contract containing, among [***2]  others which have no bearing upon the contention between the parties, the following stipulations, to wit:

"That the party of the first part hereby employs the party of the second part to teach school in Salt Lake City,  [**1101]  Utah beginning September 11, 1899, and agrees to pay therefor at the rate of seventy ($ 70.00) dollars per month, of four weeks of five days each for the time actually occupied in school (legal holidays to be counted as school days); payment to be made within one week after the end of each school month.

"In consideration of said employment, said party of the second part hereby agrees to give her entire time and best efforts in any of the schools of said city to which she may be assigned, upon the terms and at the price above named, in accordance with, and subject to, such rules and regulations as have been made or may be made by said board, and subject to the control, direction, and guidance of the superintendent of schools of said city. * * *

"This contract may be terminated by the party of the first part at any time, without previous notice, for misconduct, insubordination, incompetence, or persistent violation of the rules of the board, of instructions,  [***3]  of the superintendent, or for any other reason, on four weeks' notice, but unless so terminated shall continue in force until June 1, 1900." * * *

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21 Utah 239 *; 60 P. 1100 **; 1900 Utah LEXIS 62 ***

MATTIE E. Mc KAY, PLAINTIFF, v. JOSIAH BARNETT, AS TREASURER OF THE BOARD OF EDUCATION OF SALT LAKE CITY, UTAH, DEFENDANT.

Prior History:  [***1]  Original application for a writ of mandamus to compel defendant as treasurer of the Board of Education of Salt Lake City to pay plaintiff a warrant issued to her for a certain period of sixteen days, during which time the schools of Salt Lake City were temporarily suspended on account of an epidemic of smallpox.

Disposition: Writ allowed.

CORE TERMS

schools, board of education, teacher, smallpox, prevalence, public school, local board, provisions, terminated, premises

Contracts Law, Contract Interpretation, General Overview, Breach, Excuse & Repudiation, Acceptance of Goods, Excuse From Performance, Defenses, Standards of Performance, Impossibility of Performance