Millsap

Plaintiff Millsap appeals from a judgment of dismissal entered pursuant to plaintiff’s refusal to amend his first amended complaint after a general demurrer thereto was sustained.

Plaintiff was employed by the San Pasqual Union School District as superintendent of the district, under a written contract, dated February 7, 1957, for a period of three years from July 1, 1957, to June 30, 1960. He began his duties on July 1, 1957, and continued until July 1, 1958, when pursuant to a resolution of the Department of Education, approving the formation of a new unified school district composed of the San Pasqual District and another district, and under the provisions of Education Code (1943) subdivision (b) of section 3418 and sections 3419 and 3420 (1959 Ed. Code, §§ 2230 and 2231), the San Pasqual Union School District ceased to exist. On July 1, 1958, plaintiff made application to the Board of Trustees of the new district for employment in any administrative position available, but was refused employment in any capacity. He then brought this action in which he pleaded four causes of action for breach of contract. Plaintiff concedes that the general demurrer was properly sustained as…