Aldrich

The plaintiff herein was employed by the defendant School District as superintendent of schools under a contract which covered a period ending July 1, 1929. On April 24, 1928, he received a telegram from the clerk of the school board, stating that the board was ready to elect his successor, if satisfactory to him, and asking him to wire his resignation to take effect August 1st. On the same day, he replied in part as follows: ‘ ‘ This with general run down condition makes it necessary for me to resign, effective, August first." It is not shown that these messages were called to the attention of the board of trustees of defendant District, and, so far as shown by the record, the board took no action in reference to the resignation of the plaintiff, or in reference to terminating his employment. About June 1, 1928, the plaintiff left the Chino School District and was gone all of June and July, except one day in June and except the last one or two days of July. His salary was paid for the month of June, but was not paid for the month of July, and this action was brought to recover the same.

In addition to the facts above stated, the court found that the plaintiff, during the month…