Tappan v. Carrollton School Dist. No. 1

• Decision Date: 27 October 1880
• Court: Michigan Supreme Court
• Parties: TAPPAN

7 N.W. 73

44 Mich. 500

TAPPAN v. Supreme Court of Michigan

October 27, 1880

CARROLLTON SCHOOL DISTRICT NO. 1.

August 31st, the trustees of a school district, having a graded school, contracted with a teacher to teach the school of the district for a period of 40 weeks, beginning on the first day of the school year, September 2. Held, that they had full power to make such contract; that it was binding upon the district, and its obligation unaffected by any action of the voters at the annual meeting.

Case made from Saginaw.

Tarsney, Tennant & Weadock, for plaintiff.

Flanders & Wilbur, for defendant.

GRAVES J.

August 31, 1878, the defendant's trustees entered into a written contract with Tappan to hire him to teach defendant's school for the term of 40 weeks beginning on the first day of the school year, September 2d, at $50 per month and board himself. The school was organized as a graded one in 1873 and so remained. He began teaching under the contract on the second of September and continued two days. He was then dismissed by defendant's trustees, but no cause was expressed. September 24, 1879, he brought this action for damages. The circuit judge heard the case upon the facts and refused to allow a recovery.

It is said that the trustees who contracted with Tappan were not empowered to hire for any time beyond the current school year to expire on the arrival of the annual meeting, September 2d and that the contract so made on the thirty-first of August was not binding on the district after September 1st. The view taken is that the statutes mean that either the voters of the district or the board shall have full power to control the school during the whole school year beginning on the first Monday of September and exclusive of any hindrance or interference from contracts made previously; and reference is made to the authority of hiring teachers conferred by sections 3616 and 3604, as amended in 1875, (Pub.Acts 1875 pp. 281-282,) and section 3605.

Section 3616 provides for hiring teachers under the general law regulating primary schools, and section 3604 provides what may be done and transacted at annual meetings, and declares among other things that the qualified voters shall determine whether the school shall be kept "by male or female teachers or both" during the "ensuing year," and section 3605 provides that in case this is not determined at such meeting the board shall be empowered to determine it.

These provisions it is contended can only have room to operate according to the intent by leaving the selection of teachers during each school year to the exclusive control of the board for that year except...