King City Union High School District v. Waibel

SPENCE, J.

This action for declaratory relief was brought by plaintiffs for the purpose of determining the validity of a contract entered into with defendant. The trial court sustained the contentions of defendant and declared that the contract was a “valid and subsisting contract and binding upon the parties thereto”. Plaintiffs appeal from said judgment.

The trial court handed down a written opinion which correctly states the facts and which in our opinion correctly disposes of the question of law involved. We therefore adopt said opinion as part of the opinion of this court. It reads as follows:

“It appears by the stipulation and pleadings that the King City Union High School District is a regularly organized union high school district of the state of California employing more than eight teachers, and is under the control of a board of trustees consisting of five members.

“That on the 10th day of January, 1933, the board passed a motion to employ W. C. Waibel for the term ending July 1, 1933, as principal of said high school district, and at the same meeting passed a motion to elect him district superintendent of said district for the term of four years commencing on July 1, 1933, and ending June 30, 1937.

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“Two new members of the board were elected on the last Friday in March, 1933, and the board as constituted at the time of the institution of this action consisted of three of the persons who were members when said action was taken and two new members.

“Pursuant to said motions contracts were signed by Mr. Waibel and the board covering the two positions for the terms stated.

“The question presented is whether the contract of employment as district superintendent, having been entered into before the election and the seating of the two new members and reorganization of the board on the 1st of May, 1933, is valid, inasmuch as it is for services wholly to be performed after that date.

“Sections 2.90 and 2.92 of the School Code authorize such a district to employ a district superintendent for a period of four years, and section 2.93 provides that such superintendent must hold both a valid administration certificate and a valid teacher’s certificate. Waibel held both certificates.