Johnson v. Wert, 5

• Citation: 225 Ark. 91,279 S.W.2d 274
• Decision Date: 23 May 1955
• Docket Number: C,No. 5-676,No. 5,5,5-676
• Parties: L. W. JOHNSON, Appellant, v. Lee WERT, Carl Odom, Samuel Criswell, E. L. Brewer, and Rupert Hemphill, Directors of the East Side School Districtonway County, Arkansas, Appellees.
• Court: Supreme Court of Arkansas

Page 274

279 S.W.2d 274

225 Ark. 91

L. W. JOHNSON, Appellant, v. Lee WERT, Carl Odom, Samuel Criswell, E. L. Brewer, and Rupert Hemphill, Directors of the East Side School

District No. 5, Conway County, Arkansas,

Appellees.

No. 5-676.

Supreme Court of Arkansas.

May 23, 1955.

Johnston & Rowell, Morrilton, for appellant.

Gordon & Gordon, Morrilton, for appellees.

MILLWEE, Justice.

Appellant instituted this action against appellees, directors of East Side School District No. 5 of Conway County, to recover damages for the breach of an alleged contract of employment as superintendent of schools of said district. This appeal is from the action of the trial court in directing a verdict in favor of appellees at the conclusion of the testimony on behalf of the appellant.

According to the evidence appellant had been employed as superintendent by the district under written contract which was to expire June 30, 1953. At a regular meeting of the five-member board of directors on Friday, night, February 27, 1953, a motion was made to re-hire appellant as superintendent for a period of two years. After discussion for two hours the motion carried by a vote of three to one with Directors Lee Wert, Carl Odom and Samuel Criswell voting in the affirmative and E. L. Brewer voting in the negative. Rupert Hemphill, president of the board, did not vote. Appellant was not present during the discussion and nothing was said about salary or other contract provisions except there was some objection about appellant's failure to visit the Ward schools and talk of placing a clause in the contract to make him 'do right'. After the vote was taken appellant was notified and he thanked the board for their action on the motion.

On Saturday night, February 28, Director Criswell went to appellant and asked him to resign. He told appellant that the patrons of the district were 'on him' about his vote the night before and that he could not stay with appellant. On Sunday, March 1, Criswell together with his father and another patron again talked to appellant and asked him to resign but appellant declined. On Monday, March 2, appellant went by the office of the County School Supervisor and had a secretary in the office prepare a contract on a regular form prescribed by the State Board of Education and which contained blank spaces for the signature of appellant and the president and secretary of the board of directors. The proposed contract provided a salary of $325 per month for the new two-year term and other provisions similar to the former contract except that the following clause in the old contract was omitted: 'Other Conditions: It is understood if the work is not satisfactory, this contract may be cancelled on 30 days notice by the board.' Appellant signed the proposed contract and took it to the home of Carl Odom, secretary of the board, about 7 P.M. and obtained Odom's signature. He did not advise Odom of Criswell's request that he resign and he knew that Brewer and Hemphill were opposed to his re-employment as superintendent.

On March 3, 1953, Hemphill, Brewer and Criswell signed and mailed notices to the other two directors of a call meeting of the board to be held March 6 to reconsider the election of the superintendent. At said meeting attended by all members and appellant the minutes of the previous meeting were read and disapproved as to the rehiring of appellant. On motion by Criswell, duly seconded, to rescind the board's action of February 27, Criswell and Brewer voted in favor of the motion and Wert and Odom against it. President Hemphill then broke the tie by voting for the motion. Prior to taking the vote there was considerable discussion by interested patrons and board members. When Criswell was questioned about his change of position he stated that this had been explained to appellant, that politics was involved in the schools as in other matters, and that there was nothing either he or the appellant could do about it. There was also some discussion concerning the objection by certain patrons to the nature of certain teachings in a course taught by appellant on health or sex.

President Hemphill refused to sign the contract and appellant never presented it to him until several weeks after the board meeting on March 6. Pursuant to action taken at a regular board meeting on March 28, the president and secretary mailed to appellant a notice of the action taken on March 6, and that his services would not be needed after June 30, 1953. Appellant presented the contract to the board on April 27, 1953, when its execution was again declined. Hemphill, Criswell and Brewer...