American and English Corporation Cases Volume 2

American and English Corporation Cases Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ... of the entire year. It says "sixty dollars per month for his services," that is for each month's service rendered as a teacher. It is not pretended that he had any duties to perform when the schools were not in session, or that he did in fact perform any services during that period. He was to be paid for services at the rate specified per month. This conclusion is rendered more certain for another reason. The act of 1873 expressly requires: " That written contracts shall be made with all public school teachers at fixed rates per month before they enter upon their duties." The meaning manifestly is that, before the teacher begins to teach, there must be a written contract with him, fixing the rate of pay per month for his services in teaching. The directors clearly have no power to contract with him for pay when there is no school open in which he can teach. If, by reason of a want of funds, the schools can only be run five months during the year, the directors cannot, under the statute, make a valid contract to pay him a salary for the other five months. They might bind themselves individually, if they chose to do so, but they could not charge the school funds by such a contract. Now, the settled rule is that if the terms of a written contract admit of tvo meanings, or of having effect in two ways, by one of which the thing would be 'unlawful and the other lavful, the latter construction must be adopted: Bish. on Con., sec. 583. The contract in this case was intended to be lawful, for services to be performed, and to be paid for at a fixed rate for each month of actual performance. And even if both parties thought at the time that the services would be required for the longest period in which the schools were...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236562518
  • 9781236562517