Horsman v. Tokio School Dist. No. 82 of Greene County, 4-7901.

• Citation: 195 S.W.2d 50
• Decision Date: 17 June 1946
• Docket Number: No. 4-7901.,4-7901.
• Parties: HORSMAN v. TOKIO SCHOOL DIST. NO. 82 OF GREENE COUNTY et al.
• Court: Arkansas Supreme Court

195 S.W.2d 50

HORSMAN v. TOKIO SCHOOL DIST. NO. 82 OF GREENE COUNTY et al.

No. 4-7901.

Supreme Court of Arkansas.

June 17, 1946.

Rehearing Denied July 8, 1946.

Appeal from Circuit Court, Greene County; Walter N. Killough, Judge.

Action by Mrs. (Eric) Carmen Horsman against Tokio School District No. 82 of Greene County, Arkansas, a corporation, and others to recover balance alleged to be due plaintiff as teacher's salary. From an adverse judgment, plaintiff appeals.

Judgment reversed and cause remanded with directions.

E. G. Ward, of Piggott, for appellant.

Kirsch & Cathey and Phil Herget, all of Paragould, for appellees.

HOLT, Justice.

Appellant, Mrs. Carmen Horsman, sued the appellees, School Districts, to recover balance alleged to be due her as teacher's salary. The cause was tried before the court, sitting as a jury, and there was a finding and judgment in favor of appellees. This appeal followed.

The material facts appear not to be in dispute. Appellant and another teacher, Mrs. French as principal, taught the 1944 summer term for appellee Tokio School District No. 82. Appellant taught the first four grades and Mrs. French the fifth, sixth, seventh and eighth. Thereafter, appellant and Mrs. French were employed under separate written contracts by appellee Tokio School District to teach the 1944 winter term. Appellant's contract, dated September 22, 1944, is involved here. Under its terms, appellant agreed to teach at a monthly salary of $115 the first four grades of the Tokio School for a term of six and three quarters months, beginning November 6, 1944. The Tokio school house contained two rooms. The parties here stipulated: "That on the 6th day of November, 1944, both of said teachers began the winter term of said Tokio School as provided in said contracts, Mrs. French being the principal or superintendent, and was assigned the fifth, sixth, seventh and eighth grades therein; and the plaintiff (appellant) was assigned the first, second, third and fourth grades therein; That while said school was in progress, plaintiff (appellant) was notified by letter under date of November 24, 1944 * * * written by John Baumgartner, as president of the Marmaduke School Board, District No. 2 of Greene County, Arkansas, to the effect that said Tokio School District No. 82 has been dissolved and its territory thereof annexed to Marmaduke Special School District No. 2."

It further appeared that the Marmaduke School Board offered to permit appellant to teach the first four grades at the Marmaduke school house that she was teaching at the Tokio school under her contract with this latter district. The Marmaduke school is approximately two miles further from appellant's home than the Tokio school house. Appellant was offered free bus transportation to the Marmaduke school. Appellant refused to transfer and teach at the Marmaduke school, whereupon the Marmaduke School Board informed her by letter that it would not pay her the salary stipulated in her contract with the Tokio School District for any further services performed by her as teacher at the Tokio school.

It was further stipulated: "That at the end of the first school month of said winter term the plaintiff (appellant) was issued a warrant for her salary for said first month in the sum of $115.00, less withholding and teachers retirement tax, by the Marmaduke Special School District No. 2 of Greene County, Arkansas; that plaintiff (appellant) continued to teach the said first, second, third and fourth grades of school at Tokio School until the end of the six and three-fourths months period shown in said contract, but received no further salary payments for said services therein; that plaintiff (appellant) continued to use the school books, school supplies, teacher's register and records in connection with the said Tokio School; that the patrons of said school sent their children to the plaintiff (appellant) to be taught by her at Tokio School; and plaintiff (appellant) met said classes each school day, heard their lessons and proceeded in approximately the same way and manner as she had been doing prior to the correspondence between her and said parties * * *, the janitor serving said Tokio School fired the stove, swept the room, dusted the furniture and performed the same janitor service for the plaintiff (appellant) as he did for Mrs. French who was then teaching the fifth, sixth, seventh and eighth grades of said Tokio School; that Mrs. French was paid for her services therein as provided by her contract with said Tokio School, by the Marmaduke Special School No. 2."

It also appeared that after the ...