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Smith v. School Dist.

Supreme Court of Kansas

January, 1913, Decided ; April 12, 1913, Filed

No. 17,912.


 [**558]   [*225]  The opinion of the court was delivered by

PORTER, J.: The plaintiff, who is appellant, was employed to teach school at a salary of $ 55 per month. The action is to recover for two months' salary. A copy of the written contract between the board and the plaintiff was attached to the petition, and it was alleged that plaintiff had been able, ready and willing at all times to perform his part of the contract and had performed the same; and that the board had failed  [*226]  to pay two months of the salary agreed upon. The answer set up a general denial and a further defense, admitting the execution of the written contract for a seven-months school, but alleging that the plaintiff had failed to teach two months of the term. On the trial, which was to the court, it was shown by the plaintiff's testimony that the school opened September 26, 1910, and continued until February 9, when it was closed by order of the board on account of sickness among the scholars. It reopened March 14, and continued until April 11, at which time, over appellant's objections, the board ordered the term finally [***3]  closed on the ground that it was getting late and that a good many of the boys were needed for farm work. It appeared that plaintiff was ready and willing to complete the full term and had been paid for five months only. In his testimony he admitted, in substance, that the board was willing to pay him for the sixth month, and the court intimated an intention to hold that he was only entitled to pay for one month; and that as he had been tendered an order for that month and refused to accept it the costs should be taxed against him. He was then recalled for further examination as follows:

Direct examination:

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89 Kan. 225 *; 131 P. 557 **; 1913 Kan. LEXIS 46 ***

SAM J. SMITH, Appellant, v. SCHOOL DISTRICT NO. 64, Appellee.

Prior History:  [***1]  Appeal from Marion district court. Opinion filed April 12, 1913. Reversed.

Disposition: Judgment reversed and cause remanded.



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