Unruh

This is an appeal from a judgment denying plaintiff a writ of mandate to compel the defendants to reinstate him as a permanent teacher in the Piedmont high school.

David P. Unruli was appointed by the Piedmont High School District in May, 1928, to serve as a teacher of music and was given the title of “head of the music department”. During the school year 1928-1929, his first year of employment, he was the only instructor in the music department and he then taught both instrumental and vocal music. During the next three years he taught vocal music only but retained the title of music head for the second and fourth years of his teaching. On May 10, 1932, appellant received notice of honorable dismissal from the Board of Education with a statement that the vocal branch of the music department was being discontinued at the high school. He received a second precautionary dismissal prior to May 15, 1933. Appellant held a secondary life certificate which entitled him to teach music in all public schools. During the latter three years the school had employed other teachers to teach instrumental music and at the time of plaintiff’s dismissal a probationary teacher was continued in this…