McGinn

The action is for damages for the violation by defendants of their agreement to employ plaintiff as teacher in the primary department of the public school of the Poverty Hill school" district, Tuolumne county. The appeal is from a judgment of dismissal upon failure to amend the complaint after order sustaining a demurrer.

The complaint alleges: “That the said defendants as trustees of the said Poverty Hill School District, on the 1st day of July, 1905, and at other times prior thereto, promised and agreed to employ this plaintiff to teach the pupils who might attend the primary department of the public school of the said Poverty Hill School District for the ensuing term, commencing on or about the 11th day of September, 1905, and ending on-day of June, 1906, at the salary of sixty dollars per month.” Then follow the averments that plaintiff agreed with said defendants to teach said school upon said terms and that she made her application on said date to the board of trustees to be appointed to said position, and “That the said defendants, on the said first day of July, 1905, without any cause or justification, disregarded and violated their said agreement made with this plaintiff…