Davis v. Moseley

• Decision Date: 28 September 1949
• Docket Number: 170
• Parties: DAVIS v. MOSELEY et al.
• Court: North Carolina Supreme Court

55 S.E.2d 329

230 N.C. 645

DAVIS v. MOSELEY et al.

No. 170

Supreme Court of North Carolina

September 28, 1949

Civil action to recover for alleged breach of contract to teach in the Liberia School, of the Warren County Administrative Unit.

The plaintiff alleges in her complaint, briefly stated, these pertinent facts:

1. That for sixteen years prior to and including May 24, 1946 she had been teaching in the Liberia School, at Macon, in Warren County, North Carolina.

2. That the Liberia School closed the year 1945-46 on May 24 1946.

3. That up to and including the date of the closing of the Liberia School for the school year 1945-46, she had not been given any notice by the defendant or any of them, or on their behalf, that her contract of employment under which she had been teaching would be terminated at the close of the school year 1945-46, and be ineffective for the school year 1946-47, and for succeeding years, and, hence, under the school law her contract was continued.

4. That she has held herself in readiness, and has offered her services as a teacher in keeping with the provisions of her contract, for the school years 1946-47 and 1947-48, but that defendants have refused to accept her services as such teacher,--to her great damage in the amount of salary that would have accumulated to her as a teacher during said school years.

Defendants in answers filed, admit that on May 24, 1946, plaintiff completed the school year 1945-46 in the Liberia School, and that she had taught in the school prior thereto. They deny other material allegations of the complaint, particularly the allegation that notice of the termination of plaintiff's employment was not given to her prior to the close of the school year 1945-46. And they aver (1) that the plaintiff was duly and legally notified by registered letter, of her rejection prior to the close of the school term, and (2) that had plaintiff been so employed, she failed to give notice of her acceptance as required by law.

Upon the trial in Superior Court the parties agreed that the Liberia School closed May 24, 1946. And plaintiff offered evidence tending to show: That she did not receive notice prior to May 24, 1946 of her rejection as a teacher in the Liberia School for the ensuing year; but that on May 27 1946, she did receive by mail in an envelope properly addressed to her at Macon, North Carolina, and postmarked 'Warrenton, May 23, 1946 ------ered', a registered letter, dated May 16, 1946, from the Superintendent of the Warren County school system, notifying her 'that in accordance with the provisions of Section 12 of the North Carolina School Machinery Act as amended [G.S. s 115-359] the District Committee in charge of the District in which you have been employed during the session 1945-46 has instructed me to notify you that your contract as teacher or principal will not be continued for the session 1946-47, this action being pursuant to said section of the School...