Sessions v. Meadows

MARKS, J.

Petitioner sought a writ of mandate to compel respondents to pay to him salary as supervisor of rural schools of Kings County and to reinstate him in' such position. Judgments went for respondents and" petitioner has appealed.

Petitioner was employed by Elsie I. Bozeman, the then superintendent of schools of Kings County, as supervisor of rural schools of that county for the school year ending June 30, 1935, at a stipulated salary and expense account. The contract bears date of July 1, 1934, but it is admitted it was not executed until the early part of September of that year. Petitioner performed the duties of his employment and received his full compensation up to noon on January 7, 1935.

[749]

Mrs. Bozeman had been defeated for reelection by respondent J. E. Meadows, who qualified and took over the office on that, day.

Counsel admit that the contract made by Mrs. Bozeman and petitioner was valid and binding on her successor in office. The sole necessary question for our decision is: Was the finding of the trial court that the contract had been mutually abandoned and rescinded by petitioner and Meadows supported by the evidence or reasonable inferences to be drawn from it?

Under date of December 28, 1934, Mr. Sessions addressed the following letter to Meadows:

“Friend Meadows:

“I believe that the last time I talked with you was just before the close of your school at Empire and which I remember as a pleasant occasion. Since then considerable water has passed under the bridge. I had presumed that you would change supervisors, and thought nothing about continuing, and further, I didn’t wish in any way to embarrass you, nor to influence your choice. However, since the announcement that Mrs. Bradford will remain on the joh, so many teachers and other friends have asked me to be a candidate that I am writing you this letter. By inquiry I find that very few newly elected superintendents are making changes in the staff of supervisors. In a few counties where changes have been made, it seems that preelection arrangements were made. This leaves me few opportunities to secure a new position. Next spring, as the school year closes I believe there will be excellent opportunities. I need a few more months of service to complete my thirty years of teaching necessary to gain the retirement salary, and $200 to put into that fund. I began teaching at seventeen—takes lots of teaching to make thirty years. I need a few more months to get my financial affairs in condition for my retirement should it be necessary. Putting seven children through high school and college has seemed quite a job, and one not through high school yet. I am sending you a few of the commendatory letters I have, and which I should like you to return at your convenience. These are copies—the originals I have. I can refer to Dr. F. W. Thomas and J. W. Can-field of. the Fresno State College and others there. To Dr. H. L. Eby, U. C. L. A. To Dr. W. L. Nida, San Diego