Sittler v. Board of Control of Michigan College of Min. & Technology, 49

• Decision Date: 02 June 1952
• Docket Number: No. 49,49
• Parties: SITTLER v. BOARD OF CONTROL OF MICHIGAN COLLEGE OF MINING & TECHNOLOGY.
• Court: Michigan Supreme Court

Page 681

53 N.W.2d 681

333 Mich. 681

SITTLER v. BOARD OF CONTROL OF MICHIGAN COLLEGE OF MINING & TECHNOLOGY.

No. 49.

Supreme Court of Michigan.

June 2, 1952.

Uhl, Bryant, Slawson & Wheeler, Grand Rapids, for plaintiff and appellant.

Frank G. Millard, Atty. Gen., Edmund E. Shephered, Sol. Gen., Lansing, Daniel J. O'Hara, Meredith H. Doyle, Assts. Atty. Gen., for defendant-appellees.

Before the Entire Bench.

NORTH, Chief Justice.

This is an appeal from an order dismissing plaintiff's suit entered in the Michigan court of claims. On December 13, 1950, Edward V. Sittler, plaintiff and appellant herein, filed a verified petition stating a claim against the board of control of the Michigan college of mining and technology, a defendant and appellee herein. The claim was based on an alleged contract of employment as assistant prefessor of German for the school year September 19, 1949, to June 10, 1950, at a salary of $4,000. Plaintiff alleged that this contract was executed by B. B. Bennett, who was head of the department of languages; that Professor Bennett had authority to make the contract on behalf of the board of control, and that the contract was also ratified by the board of control. The petition further alleged that plaintiff had performed his duties as assisstant professor of German from September 19, 1949, to November 10, 1949, at which time his employment was terminated without justification. Plaintiff claims damages of $3,186.60, this being the amount he would have received if his employment had not been terminated. The claimed contract which plaintiff relies upon for recovery is contained in a letter written to plaintiff by Professor Bennett, dated September 12, 1949, the pertinent portions of which we quote:

'This letter will confirm our telephone conversation of September 10.

'The position which you have accepted is an assistant professorship of German with a salary of $4000 for the three-term year approximating nine months. As I indicated Saturday raising the salary above the budgeted amount may make it impossible to grant you a salary increase for the 1950-51 accademic year. I believe it was our understanding that the appointment is for a one-year period but will become a permanent one if both you and the administration of the college are quite satisfied at the end of the first year. * * *

'I am enclosing a formal application blank which you may complete and return to me by mail. If you have available two small gloss prints of yourself, please send them along. I shall send to you within the next day or two copies of the texts that have been used in the German work.

'Perhaps some information concerning our payroll procedures would help you in your personal planning. You will go on our payroll on September 19. Our salary checks always have a twoweek lag. That means that you will receive your first salary check on October 20. Your checks thereafter you will receive at two-week intervals. The college pays salary over a full calendar year. That means that you will continue to receive salary checks throughout the summer of 1950. The details of the various deductions we can clarify after you arrive. * * *'

Defendants point out that by the statute which sets up the board of control, the authority to enter into such contracts is vested in the board of control. The statute provides:

'The government of the college of mining and technology, the conduct of its affairs, and the control of its property shall be vested in a board of 6 members, not less than 4 of whom shall be residents of the upper peninsula of the state of Michigan, who shall be known as the 'Board of control of the Michigan college of mining and technology,' * * *.' C.L.1948, § 390.352, Stat.Ann. § 15.1312.

'As soon as the means in its hands will permit, without incurring indebtedness, said board shall proceed to obtain a suitable location, and lease or erect such buildings, and procure such furniture, apparatus, library, and implements, as may be necessary for the successful operation of said school, and to appoint a principal, and such other teachers and assistants as the board may deem expedient, with salaries, to be paid from time to time, as it may agree, and to regulate their duties; but no agreement shall be valid whereby such board shall be prevented from discharging any one in their employ upon 2 months previous notice.' C.L.1948, § 390.354, Stat.Ann. § 15.1314.

This statute vests the authority to appoint or hire teachers in the board. We are not in accord with plaintiff's contention that the statutory provision vesting in the board the power 'to appoint a principal, and such other teachers and assistants as the board may deem expedient, with salaries, to be paid from time to time, as it may agree, and to regulate their duties * * *' should be construed as applicable only at the inception of the Michigan college of mining and technology, as provided in section 4 of 'the original act in 1885' Act No. 70. It is sufficient to note that substantially the same words relating to the hiring of teachers, etc., were originally embodied in P.A.1861, No. 207, and again embodied in P.A.1885, No. 70. They are still a part of statute which presently governs the conduct of the affairs of the Michigan college of mining and technology.

Plaintiff asserts that the power to contract with teachers may be delegated, and in the instant case that it is at least a question of fact if such power were not delegated by the board of control to Professor Bennett. In asserting the board's right to delegate the power, which by statute is vested in the board, appellant cites People v. Fournier, 175 Mich. 364, 141 N.W. 689. However we think the cited case is not...