Main

Appeal by Claremont Unified School District and members of its governing board from judgment in mandamus ordering restoration of respondent Main to his position as superintendent of said school district and directing payment of his salary at the rate of $750 a month from February 29, 1956, so long as he shall lawfully remain such superintendent.

Respondent was employed as superintendent for said district for a four-year term beginning July 1, 1955, and ending on June 30, 1959. This was done by motion duly adopted on December 14, 1954, “by the terms of which it [the board] approved an offer to petitioner of a four year contract as superintendent and business manager of said school district, said contract to become effective on July 1, 1955; that petitioner thereupon accepted said offer and that said offer and such acceptance thereof were recorded in the official minutes of said meeting.” (Finding IV.) This was followed by written contract dated Jnne 13, 1955. Petitioner performed the duties of superintendent from July 1,1955, until February 29, 1956, when he was discharged as superintendent by action of the board. Since that time he has been prevented from further performing his…