McLaughlin v. Hall

SHINN, J.,

pro

tem.

Plaintiff brought this action to recover damages for the alleged breach of an agreement under which, as he claims, he was employed as headmaster of a private school operated by defendants, from which employment he was discharged. The ease was submitted upon the sufficiency of plaintiff’s proof to establish a contract of employment; judgment went for the defendants, from which plaintiff appeals.

The original complaint alleged that by contract partly in writing and partly oral, plaintiff was employed for a period of two years at a salary of $1800 per year, payable at the rate of $200 per month for nine months with certain living accommodations during the school year and summer vacation period, meals for his family and a servant during the school year, and schooling for his daughter without charge. By an amended complaint filed at the close of the trial it was alleged that the employment was for one year

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and that at the expiration of that period the parties proceeded into the second year without any new arrangement and so continued until plaintiff was discharged without cause. In both the original and the amended complaints it was alleged that the contract was fully performed throughout the first year.

The court found: “That there was no mutual, valid or binding written agreement between the parties hereto relative to the employment of the plaintiff by defendants.” If this finding related to the alleged contract of employment for a two-year period, it was correct. But, read literally as it must be, it is a finding that there was no agreement whatever between the parties, and is entirely without support in the evidence. There was a written agreement evidenced by letters which passed between the parties which expressly stated that plaintiff was employed for a period of one year as headmaster of defendants’ school at an annual salary of $1800 payable at the rate of $200 per month for nine months; that plaintiff should also receive living quarters at the school for himself and family during the school year 1934-35 and also during the summer of 1935, together with free meals for himself, his wife and daughter. All of these terms were clearly stated in the writings. This agreement was fully performed and in addition to the compensation stipulated, plaintiff’s maidservant received meals and his daughter received free schooling. Plaintiff and his family occupied living quarters on the school grounds during the summer of 1935, during which time plaintiff devoted himself to the preparation of school work for the coming year. He commenced the second year as headmaster and worked during the month of September, 1935, and until he was discharged on October 5th. He was paid at that time $200 salary for one month’s services and $12.50 as an allowance upon meals. All of these facts appear without dispute.