Roberts v. Clay City

• Decision Date: 21 October 1897
• Citation: 42 S.W. 909,102 Ky. 88
• Parties: ROBERTS v. CLAY CITY.
• Court: Kentucky Court of Appeals

42 S.W. 909

102 Ky. 88

ROBERTS v. CLAY CITY.

Court of Appeals of Kentucky.

October 21, 1897

Appeal from circuit court, Powell county.

"To be officially reported."

Action by Cyrus J. Roberts against Clay City to recover damages for breach of a contract by defendant, employing him as assistant teacher in the public schools of the city. Judgment for defendant, and plaintiff appeals. Affirmed.

C. B Hancock and J. B. White, for appellant.

Atkinson & Spencer, for appellee.

BURNAM J.

Appellant instituted this suit to recover damages for a breach of contract by appellee, in failing to comply with its agreement in employing him as assistant teacher in the public schools of the city. The contract which he relies on, and which is denied by appellee, is alleged to be embodied in this memorandum, entered upon the minute book of the Clay City board of council: "Clay City, Ky. July 12, 1895. Special meeting of Clay City board of council, met, pursuant to call of mayor, for the purpose of selecting an assistant teacher. Present: H. Waldron, mayor; W. D. Lisle; Councilmen P. A Hale, W. R. Cassidy, R. A. Bohannon, and T. H. Hunter. The following applications presented for assistant teacher Hattie Tipton, C.J. Roberts, Carrie Russell. On ballot, C.J Roberts received three votes, Tipton one vote, and Carrie Russell one vote; Roberts being declared elected. On motion it was declared that the principal receive $55.00 per month and assistant $45.00, and this apportionment is recommended. On motion, council adjourned. Attest: T. H. Hunter, Clerk C. C., pro tem." He further alleges that the defendant is a city of the fifth class, governed by general laws relating to cities of that class; that, prior to the passage of the general law, it was governed by the provisions of a special charter, in which the legislative power was vested in five councilmen, styled the "Board of Council of Clay City," who, in addition to other powers, were authorized "to establish a system of public schools, to fix and establish courses of instruction, select and compensate the teachers thereof, provide for the erection or repair of all needful school-houses," and were given power to levy a tax, not exceeding 25 cents on every $100 worth of property taxable by law for state purposes, for school purposes; and that the city was declared by the terms of the act to be one district. See 2 Acts 1889, p. 957. The testimony shows that pursuant to this authority the board of council had established and maintained a system of public and common schools in Clay City adequate to the teaching of all children therein, and which all applying for instruction were permitted to attend free of charge, and had selected and compensated the teachers thereof; that the board of council continued to maintain this system up to the time of the adoption of the present constitution, and until the passage of the present law for the government of the common schools; that their successors in office had, since the adoption of the present constitution and the passage and approval of the existing common school laws, continued to maintain in that city a system of common schools, under the provisions of the old charter; that there was no...