Pulvino v. Town of Yarmouth

• Decision Date: 27 March 1934
• Parties: PULVINO v. TOWN OF YARMOUTH et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

286 Mass. 21

189 N.E. 599

PULVINO

v.TOWN OF YARMOUTH et al.

Supreme Judicial Court of Massachusetts, Barnstable.

March 27, 1934.

Exceptions from Superior Court, Barnstable County; Hanify, Judge.

Action of contract by Joseph Pulvino against the Town of Yarmouth and others. Verdict was directed for defendants, and plaintiff brings exceptions.

Exceptions overruled.

J. D. W. Bodfish, of Hyannis, for plaintiff.

C. C. Paine, of Hyannis, for defendants.

WAIT, Justice.

The plaintiff brings this action of contract against the towns of Yarmouth, Dennis and Brewster to recover salary alleged to be due him under a contract of employment as supervisor of music in their schools. It comes before us upon his exception to an order directing a verdict for the defendants.

The material facts are as follows: Since 1903 the towns have been joined in a superintendency union under St. 1903, c. 299, and an order of the board of education, in accord with which they have employed a superintendent of schools whose salary was apportioned among the three towns. Since 1913 the joint committee has employed a supervisor of music, each town paying a proportionate part of the salary. In May, 1929, one Stacy was elected superintendent of schools for the union for three years. Stacy acts also as secretary of the school committee of Yarmouth. At the annual April meeting of the joint committee for the three towns it voted ‘that the matter of teachers of Art and Music be left with Mr. Stacy for investigation and a report be made to the several committees at a later date.’ The plaintiff's name was suggested to the superintendent; and under date of June 18, 1931, Stacy wrote to him: ‘You may have the appointment as Music Supervisor in this district at the sum stated in our interview last Saturday, namely $1,600 per year,’ signing as ‘Superintendent of Schools.’ Stacy reported his selection of the plaintiff to the school committee of Yarmouth at one of its regular meetings, and orally made report to the school committees of Dennis and Brewster, before the beginning of the school year in September, 1931. Under date of September 1, 1931, Stacy notified the plaintiff ‘You have been elected appointed a regular teacher in the public schools of Yarmouth, Dennis & Brewster for the term of one year at a salary of $1,600 per year from Sept. to June, 1931, 32 and have been assigned to the Music Supervisorship School.’ This letter was on a form of the ‘School Committee of Yarmouth’ and was signed ‘Supt. of Schools For the School Committee of Yarmouth.’ The plaintiff entered on the work and continued at it until the Christmas vacation period. The school year was forty weeks of five days. The plaintiff in each week worked two and one half days in Yarmouth, one day and a half in Dennis, and one day in Brewster. He was paid every two weeks $40 by Yarmouth, $24 by Dennis, and $16 by Brewster, upon pay rolls made up by the superintendent for each of the towns which included the names of all teachers, the plaintiff's and the superintendent's. The school committee of each town approved for payment the amounts stated. Yarmouth thus paid fifty per cent, Dennis, thirty per cent, and Brewster, twenty per cent of the salary. At a joint meeting of the committees of the three towns held December 9, 1931, the superintendent reported dissatisfaction with the plaintiff. Unanimously the meeting voted ‘that Mr. Stacy be authorized to substitute or to secure a Supervisor of Music more suited to the needs of the Superintendency Union.’ Within a few days the superintendent saw the plaintiff and asked him to resign. The plaintiff did not resign. No further action was taken by the joint committee. On December 28, 1931, the school committee of Yarmouth...