Regents of University System of Georgia v. Blanton
| Docket Number | 23770. |
| Decision Date | 22 September 1934 |
| Citation | 176 S.E. 673,49 Ga.App. 602 |
| Parties | REGENTS OF UNIVERSITY SYSTEM OF GEORGIA v. BLANTON. |
| Court | Georgia Court of Appeals |
Rehearing Denied Sept. 29, 1934.
Syllabus by Editorial Staff.
State or state department binds itself by contract substantially as individual does, and state's contracts are generally interpreted as individual's contracts are, and are controlled by same laws.
Where act of Legislature authorizes contract by state department courts may enforce contract against state.
Intention of state in making contract must be ascertained by acts and declarations of its constituted authorities and agents acting within scope of their duties, and question of intent is peculiarly within province of jury.
Where state enters into agreement through act of Legislature, terms of contract are to be found in provisions of act to which contract owes its creation.
Legislature may delegate authority to make contract for state to officers or board or department, and action of such authorized agents in making contract is action of state.
Valid usages concerning subject-matter of contract, of which parties are chargeable with knowledge, are by implication incorporated therein, unless expressly or impliedly excluded by terms of contract.
Evidence of usage is admissible to aid in interpretation of contract on theory that usage forms part of contract, so that evidence thereof does not contradict, add to, take from, or vary contract.
Teacher or instructor in state or public educational institution is not ""public officer" or official, but is merely "employee."
Valid employment contract between department in charge of state's University system and instructor held enforceable against state.
Where trustees of Georgia School of Technology employed instructor under customary contract, for year beginning September 1 1931, and ending August 31, 1932, at $2,000, payable monthly and after passage of Reorganization Act on August 28, 1931, and before contract expired, regents duly appointed instructor for year 1932-1933 at $2,000 per year, payable monthly, notwithstanding fiscal year was allegedly changed to end June 30, instructor held entitled to monthly salary payments for July and August, 1933 (Laws 1931, p. 20 et seq., § 45 et seq., especially pp. 23, 24, §§ 55, 61).
In instructor's suit against regents of University system involving dispute as to number of monthly salary payments instructor's employment contract entitled him to, evidence as to customary manner of making contracts and paying instructor's salary held admissible.
Error from Municipal Court of Atlanta; Ralph McClelland, Judge.
Suit by M. W. Blanton against the Regents of the University System of Georgia. Judgment for plaintiff, defendant's motion for a new trial was overruled, and defendant brings error.
Affirmed.
In the spring of 1931, M. W. Blanton was employed by the local board of trustees of the Georgia School of Technology as an instructor in the department of commerce of that institution, for the scholastic year 1931-1932, at an annual salary of $2,000, the same to be paid in twelve monthly installments of $166.66 each, beginning on October 1, 1931, and ending on September 1, 1932. Blanton's work was to begin with the opening of the fall term in September, 1931, and was to end at the close of the second semester in June, 1932. His employment, under the contract, was for one year, ending August 31, 1932. At the time this contract was made, the institution was operated and managed by a local board of trustees. On August 28, 1931, the General Assembly of this state passed what is known as the under which the entire higher educational system of Georgia was changed, and old boards, etc., abolished; and on January 1, 1932, this act went into effect, and the management and operation of Georgia Tech was taken over by the regents of the University system of Georgia. Prior to this time, Blanton was paid monthly, as per the contract of employment, the sum of $166.66. On February 12, 1932, the regents instructed the heads of the several institutions under its management to report their respective budgets of necessary expenditures, etc., also the teachers and instructors recommended for employment for the school session for 1932-1933. At this time Georgia Tech had been and was making teaching contracts from September 1 to August 31, and the school budget was made up on the basis of paying teachers' salaries in twelve equal monthly installments, beginning October 1, for teaching from September to June, inclusive. On March 10, 1932, the regents sent to each institution under it, including Georgia Tech, the form of budget to be used, together with instructions in using the same, and stated therein that in the budget under "Expenditures, Group 4-'Teaching'-a detailed schedule to be required for each subject; the names of the teacher or teachers handling same, their salaries, and any other expense incident to the operation of that department." Thereafter, in the spring of 1932, Blanton was recommended for re-election as an instructor by the head of the commerce department of Georgia Tech, for the scholastic year of 1932-1933, and the president of that institution, in making up the budget, as requested by the regents, listed, under the head of "expenses" in the department of commerce, Blanton's name as an instructor in that department at an annual salary of $2,000, with the notation under the department of commerce budget list, "no change from last year," which budget was transmitted to the regents and approved by that body on June 3, 1932, and the appointment of Blanton as an instructor for the school year of 1932-1933 at $2,000 per annum was approved. The resolution of the regents approving this budget, recited that "The regents approve the 1932-1933 scholastic year budget of Dr. M. L. Brittain, Pres., Georgia School of Technology, Atlanta, Ga., and elects the personnel listed therein, employed in administration and instruction, for the period in question, with, however, the following provisos: * * * When personnel hereby approved includes an election of a new official of instruction or administration, his term shall not begin prior to an actual vacancy, and his salary should, wherever practicable, only commence with the assumption of active duties." After approval of this budget by the regents, Blanton was paid the monthly sum of $166.66 on August 1, 1932, and a similar sum on September 1, 1932. Blanton entered into performance of his duties as instructor for the scholastic year 1932-1933 in September, 1932, and on October 1, 1932, was paid the monthly portion of his annual salary, $166.66, as usual. Blanton continued to be paid this monthly sum up to and through July 1, 1933. On August 1, 1933, and on September 1, 1933, the treasurer of Georgia Tech refused to pay Blanton the monthly payments on his salary, on the ground that the regents, by their resolution of February 12, 1932, changed the fiscal year from September 1 through August 31 to July 1 through June 30. Upon appeal to the regents, Blanton's claim for two months' salary was denied upon the ground that the Georgia Tech authorities had been notified in the spring of 1932 to make employment contracts for the scholastic year 1932-1933 only upon the fiscal year basis of July 1 through June 30, and that Georgia Tech had no authority to enter into a contract with Blanton providing for the payment of his salary beyond July 1, 1933. Blanton performed his work for the two years he was employed, and there was no question of its not being entirely satisfactory. Under the terms of the reorganization act of 1931, the regents assumed all valid and outstanding contracts of the old board of trustees of Georgia Tech, and the old contract of employment for 1931-1932 with Blanton was assumed by the regents. For the two years' work Blanton has received $3,666.68, and he claims that there is due him $333.32. He brought suit for this sum in the municipal court of Atlanta. The case was tried by a judge of that court, without the intervention of a jury, upon an agreed statement of facts and certain oral and documentary evidence, from which the above facts appear without dispute. The trial judge found in favor of Blanton. The defendant moved for a new trial, the motion was overruled, and it excepted.
Note Attached to the agreed statement of facts is the resolution of February 12, 1932, referred to above, and upon a careful examination of that resolution in the record before this court, it does not appear that there was any change in the fiscal year from September 1 to August 31 to July 1 through June 30, and that ...
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