Moore v. Starkey

• Court: Kansas Supreme Court
• Writing for the Court: PRICE
• Citation: Moore v. Starkey, 340 P.2d 905, 185 Kan. 26 (Kan. 1959)
• Decision Date: 13 June 1959
• Docket Number: No. 42,No. 41251,No. 3,42,3,41251
• Parties: Harry A. MOORE, Appellant, v. Tom STARKEY, Floyd Sontag and Clayton Smith, School Board of Common School Districtof Butler County, Kansas, and said Common School Districtof Butler County, Kansas, and Tom Starkey, Charles Craig and R. H. Bing, School Board of Rural High School Districtof Butler County, Kansas, and said Rural High School Districtof Butler County, Kansas, Appellees.

Page 905

340 P.2d 905

185 Kan. 26

Harry A. MOORE, Appellant, v. Tom STARKEY, Floyd Sontag and Clayton Smith, School Board of Common School District No. 42 of Butler County, Kansas, and said Common School District No. 42 of Butler County, Kansas and Tom Starkey, Charles Craig and R. H. Bing, School Board of Rural High School District No. 3 of Butler County Kansas, and said Rural High School District No. 3 of Butler County, Kansas, Appellees.

No. 41251.

Supreme Court of Kansas.

June 13, 1959.

Syllabus by the Court

In an action by a dismissed school teacher to recover from the school district his salary for the remainder of the school term, allegations of the petition are examined and considered that, as set forth in the opinion, it is held: The petition does not state facts sufficient to constitute a cause of action and the demurrer thereto was properly sustained.

Allyn M. McGinnis, El Dorado, Walter F. McGinnis, El Dorado, on the brief, for appellant.

Richard W. Moss, El Dorado, for appellees.

PRICE, Justice.

This is an action by a school teacher, who was dismissed before his term of employment expired, to recover salary from the school district for the portion of the term remaining after dismissal. A demurrer to the petition on the ground it fails to state facts sufficient to constitute a cause of action was sustained, and plaintiff has appealed.

On April 5, 1957, the contract of employment was entered into. By its terms plaintiff was employed as a teacher for the nine-months term beginning on August 28, 1957. The contract provided that it 'shall continue in full force and effect during good behavior and efficient and competent service of the teacher * * *' Plaintiff entered upon his work as a teacher and was paid his monthly salary.

On February 3, 1958, pursuant to a meeting of the school board, plaintiff was discharged. He was notified of this action by a letter of that date from the director of the board. The body of this letter reads:

'A special meeting of the Latham School Boards was held this morning in regard to discussing your past actions, and statements made by the in your capacity as Superintendent of the Latham Schools.

'After a thorough discussion of this problem it was decided by a vote of 4 to 0 that you be discharged from your duties as Superintendent of Schools of Latham, Kansas, as of this date.

'You are hereby officially notified of your discharge and of the termination of your contract with this board, all as provided for by law.'

Twelve days later, on February 15, 1958, this action to recover plaintiff's salary for the remainder of the school term was filed and, as heretofore related, the appeal is from an order sustaining a demurrer to the petition.

Material portions of the statute (G.S.1957 1957 Supp. 72-1028) applicable to the situation presented read:

'The school board of each common-school district shall maintain the schoolhouse in good repair, shall keep it a clean, comfortable and healthful place for the purpose for which it is intended; shall contract and hire qualified teachers for and in the name of the district, which contract shall be in writing, and shall specify the wages agreed upon and shall be filed with the district clerk. Such contract may be made at any time after February 1 for the succeeding school year, subject to the annual school meeting voting to maintain school for such year, and subject to the adoption of a sufficient budget. The school board may dismiss the teacher for cause. Any teacher so dismissed by the board shall have and is hereby granted the right to appeal to the county superintendent within ten days after such dismissal and the decision of the...