Hench

This cause is before us upon appeal from a judgment and decree granting the plaintiff a writ of mandate directing that the petitioner and respondent be restored to her position and admitted to the position formerly occupied by her as a teacher in the public schools in and for the Tracy school district, and that warrants be issued to her in payment of her salary as such teacher for the months of July, 1927, to February 1928, inclusive.

The record shows that the petitioner had been employed as a primary teacher in the kindergarten department of the public school of Tracy district in the county of San Joaquin, for the years 1922, 1923, 1924, 1925, 1926, up to and including the end of the school year in June, 1927. The employment of the petitioner as such teacher appears to have been made under contracts purporting to employ the petitioner for one year only. The last contract entered into between the petitioner and the respondents bears date of June 4, 1926, and purports to be a contract whereby the respondents employ the petitioner as a teacher in the public school of Tracy district for the period of one year, for the stipulated salary of $1,620, payable in twelve monthly…