Pennel

This is an appeal from a judgment of the superior court denying a peremptory writ of mandate to compel reinstatement to a teaching position, and denying payment of salary.

Appellant for 10 consecutive years was a probationary first grade teacher at the Pond Elementary School in respondent district. As a probationary teacher she was rehired each year under a written contract of employment. On May 29, 1969, she signed a contract to teach the fourth grade for the school year commencing September 1, 1969, and ending on June 15, 1970, at a salary of $8,500. At the time of signing the contract, appellant was 64 years of age. Prior to signing, appellant had told Masonheimer, the district superintendent, that she would not teach the fourth grade. Thereafter, she wrote Masonheimer a letter stating that she was signing the contract “unwillingly because of pressure, unfairness, force, and coercion by the superintendent."

Due to concern over the possibility that she would, not teach the coming year, appellant was asked to attend a board of trustees’ meeting on the night of June 3, 1969. Appellant did not attend, and called in just before the meeting to say she could not make it.…