Owens

Plaintiff instituted proceedings in mandamus to require the defendants to reinstate her as a perma nent teacher in the elementary schools of the Santa Cruz school district. Her petition contained the essential averments of facts showing the legal duty on the part of the defendants, her demand that they perform it, their refusal, and her right to the enforcement of the duty. These allegations were not denied except through the pleader’s conclusions, but two separate defenses were interposed—the first setting up a written contract between the plaintiff and another school district by reason of which it was claimed that plaintiff had rendered herself unable to perform her duties with the defendant district, and the second alleging that the Santa Cruz district was not one employing at least eight teachers under a principal who devotes at least two hours a day to supervision in the schools under his control.

The cause was tried before the court and findings of fact were made from which the court drew the conclusion of law that by reason of the second contract the plaintiff was not ready, able, and willing to perform her duties as a teacher in the Santa Cruz school on August 28, 1922,…