Hoadley

At all times herein mentioned, Ada S. Blake was doing business under the fictitious name of Marlborough School, a private school for girls in the city of Los Angeles. In the year 1927, about twenty-five girls residing at the school and 270 girls residing at their homes were enrolled as pupils and were receiving instruction.

Frank P. Allen, Jr., the appellant here, was the father of Frances Ashe Allen, a girl of about seventeen years of age. Prior to September, 1927, the father made a written application to Ada S. Blake for the enrollment of his daughter as a boarding pupil at the Marlborough School for the school year commencing on or about September 21, 1927, and ending on or about June 14, 1928. He signed a written application, the material parts of which are as follows:

The application was accepted and Miss Allen entered the school and attended it until on or about the eighth day of January, 1928. She was expelled on the following day. Appellant had paid the sum of $811.38 on account of the tuition of $1600 specified in his written application.

Among the rules of the school, and one which it rigidly enforced, was one providing that no boarding pupil should at any time leave…