Westerman

Westerman v. Cleland

Good Law
12 Cal. App. 63·1909 Cal. App. LEXIS 49·106 P. 606
Court of Appeal of CaliforniaNovember 30, 1909Civ. No. 612.California2,765 words

Opinion

lead Opinion

Chipman, J.

Mandamus. Petitioner alleged that he was employed by defendants as a teacher and principal of the Ukiah High School for the year ending June 30, 1907, “at a fixed and agreed salary of $1,500 and petitioner accepted such employment”; that he performed all the duties required of him as such principal during said year for which he received the sum of $1,350 and no more, and there is now due him the further sum of $150. He prays for the peremptory writ of the court commanding the defendants “to draw and deliver to petitioner their order on the county superintendent of schools of the said county for the sum of $150 payable to petitioner out of the County High School Fund.” Defendants deny that petitioner was employed "by defendants as a teacher or principal of said school “for and during the year ending June 30, 1907, or for any greater period of time than the pleasure of said board of education at a fixed or agreed salary of $1,500, or for any other compensation greater than $150 per month for each month that said petitioner should actually teach.” It is further averred in the answer “that it was understood and agreed by and between said petitioner and said board of education that his…

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