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Heyland v. Wayne Ind. Sch. Dist.

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eBook details

  • Title: Heyland v. Wayne Ind. Sch. Dist.
  • Author : Supreme Court Of Iowa.
  • Release Date : January 16, 1942
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The appellee in this action filed a petition at law, with amendments thereto, and sought judgment for the amount due her by reason of a teacher's contract entered into with the appellant School District, which contract the District failed to carry out. The appellant asserted in its answer that the contract obtained by the appellee was secured by fraud. It was also claimed that at the time the contract in question was authorized by the school board one of the school directors was a de facto officer and that the appellee had knowledge of this fact and she was in no position to rely upon any action performed or authorized by virtue of his vote. The trial court held that the evidence substantiated the appellee's claim; that the appellee was not guilty of any perpetration of or participation in any fraud in connection with the claimed election of the de facto school director; that the appellee was not sufficiently acquainted with the status of the claimed de facto officer to charge her with notice of that fact; and that she was entitled to rely upon his action in voting for her election as schoolteacher for the District. Judgment was therefore entered for the full amount of her claim, with interest. The School District has appealed. Certain matters of evidence are conceded. It is not denied that the appellee held a valid teacher's certificate which would entitle her to teach in the school of the appellant District. It is conceded that she received a signed teacher's contract on April 19, 1937, which had been authorized and approved by [231 Iowa Page 1312]


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