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Court of Appeals of Indiana

June 20, 1894, Filed



 [*428]   [**1059]  REINHARD, J.--The appellee brought this action against the appellant, and recovered a judgment for a balance of $ 47.50, alleged to be due her on a contract in writing, in which  [**1060]  the appellee agreed to teach school for the appellant for 32 weeks, of five days each, for which the appellant promised to pay her $ 1.87 1/2 per day, commencing on the 12th day of September, 1893.

It is averred in the complaint, that the appellee was duly licensed to teach; that she had made all the reports required by said contract and by the law to be made, and had in all things complied with the terms of her contract; that she began to teach said school on the 12th day of September, 1893, and taught for seven months, or twenty-eight weeks; that thereupon appellant closed the schoolhouse and refused to let appellee teach for the remainder of said time, to wit, one month, or four weeks; that said action of appellant was without any excuse; that appellee was ready and willing,  [***2]  and demanded the privilege of teaching the remainder of said term, but was denied said privilege, and that appellant has failed and  [*429]  refused to pay appellee her wages for said last month, or four weeks, which remains due and unpaid; that during this time she endeavored to secure other employment but could not, and did not earn anything.

The appellant answered, admitting the execution of the contract sued on, but averred that on the 6th day of March, 1893, the secretary of the county board of health notified the appellant, in writing, to close said school in order to prevent an epidemic and contagious disease, and to preserve the public health; that at the time said school-house was and remained closed a contagious disease, viz., diphtheria, was prevalent among the pupils of the school; that thereupon the trustees, acting for appellant, closed said school on the 6th day of March, 1893, and under said order it remained closed until the close of the term for which appellee was employed; that said school was not closed at any other time and for any other cause during the term of such contract; that appellee was deprived of employment under said contract without any fault of [***3]  appellant, but by order of the proper health officer, as hereinbefore set out.

The court overruled a demurrer to the complaint and sustained a demurrer to the answer, as not constituting a defense to the action. The appellant refused to plead further, and elected to stand upon the ruling of the court on the demurrers to the complaint and answer, and the court rendered judgment for the appellee.

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10 Ind. App. 428 *; 37 N.E. 1059 **; 1894 Ind. App. LEXIS 164 ***


Prior History:  [***1]  From the Rush Circuit Court.

Disposition: Judgment affirmed.


teach, act of god, schools, teacher, fault

Education Law, Faculty & Staff, Employment Contracts, Labor & Employment Law, Employment Relationships, Employment Contracts, General Overview, Compensation, Payment, Contracts Law, Breach, Excuse & Repudiation, Acceptance of Goods, Excuse From Performance, Standards of Performance, Impossibility of Performance, Administration & Operation, Health Services, Conditions & Terms, Evidence, Judicial Notice