Polk

Polk v. Board of Education

Good Law
1903 Cal. LEXIS 950·7 Cal. Unrep. 170·74 P. 47
Supreme Court of CaliforniaOctober 9, 1903L. A. No. 1168California394 words

Opinion

lead Opinion

Shaw, J.

This action is, in all respects but one, similar to the action of Hancock v. Board of Education, 140 Cal. 554 , 74 Pac. 44 , this day decided, and what is said in that case applies equally to this case; This also is an appeal by the defendant from a judgment in favor of the plaintiff, the evidence being before the court by virtue of a bill of exceptions. The only particular in which the claim of the appellant in this case differs from the other is in relation to the contract under which the plaintiff claims. The contention is that the contract alleged is not proved. The allegation is that the contract entered into by the Santa Barbara high school district was a contract whereby the board employed the plaintiff as teacher in the high school for the school year beginning in September, 1899, at the annual salary of $1,100. In proof of this allegation, the plaintiff introduced in evidence the minutes of the board of August 8, 1899, showing that the plaintiff was elected teacher of English for the ensuing year, a letter from one of the members to the plaintiff informing her of her election, and a letter from the plaintiff to the same member in substance accepting the employment.' In…

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