McDougald v. Special School District No. 43

• Decision Date: 03 October 1927
• Docket Number: 194
• Citation: 298 S.W. 193,174 Ark. 963
• Parties: MCDOUGALD v. SPECIAL SCHOOL DISTRICT No. 43
• Court: Arkansas Supreme Court

298 S.W. 193

174 Ark. 963

MCDOUGALD v. SPECIAL SCHOOL DISTRICT No. 43

No. 194

Supreme Court of Arkansas

October 3, 1927

Appeal from Union Circuit Court, Second Division; W. A. Speer Judge; reversed.

Judgment reversed.

Marsh McKay & Marlin, for appellant.

McNalley & Sellers, for appellee.

OPINION

HUMPHREYS, J.

Appellant brought suit in the circuit court of Union County, Second Division, against appellees to recover a balance of $ 375 alleged to be due her under the following written contract, to-wit:

"State of Arkansas, county of Union.

"This agreement between G. F. Dougal, J. R. Green, J. H. Norris, G. W. Dougal and E. J. Dougal, as directors of the School District No. 43, in the county of Union, State of Arkansas, and Miss Lola McDougald, a teacher who holds a license in said district, is as follows:

"The said directors agree, upon their part, in consideration of the covenants of said teacher, hereinafter contained, to employ the said Lola McDougald to teach a common school in said district for the term of six months, commencing on the 27th day of July, A. D. 1925, to pay therefor, in the manner and out of the funds provided by law, the sum of one hundred and twenty-five and no/100 dollars ($ 125) for each school month. Said directors further agree that all steps required or allowed by law to be taken by said district and its officers to secure the payment of teachers' wages shall be so had and taken promptly, and the requirements of the law in favor of the teacher complied with by said district. The teacher on her first part agrees to keep said school open eight hours each school day; keep carefully the register required by law; preserve from injury, to the utmost of her power, the district property; give said school her entire time and best efforts during school hours, use her utmost influence with parents to secure a full attendance of scholars, and generally comply with all requirements of this State in relation to teachers, to the best of her ability. It is further agreed that neither party will break or terminate this contract unless by mutual consent of both parties to the contract. Signature: F. G. Dougal, J. R. Green, H. J. Norris, G. W. Dougal, E. J. Dougal, directors. Lola McDougald, teacher."

It was alleged in the complaint that, after appellant taught the school for three months and received pay therefor, appellees discharged her without cause, and refused to allow her to teach for the remainder of the term or to pay her for the unexpired time, although she was unable to procure employment elsewhere after making diligent effort to do so.

Appellees filed an answer, denying the validity of the contract, and interposing the further defense that they discharged appellant because she was incompetent to teach the eighth grade, and because she could not maintain order and discipline in the school.

The cause was heard upon the pleadings and the testimony introduced by appellant, at the...