Minor v. SULLY BUTTES SCHOOL DIST. NO. 58-2

345 N.W.2d 48, 1984 S.D. LEXIS 247
CourtSouth Dakota Supreme Court
DecidedFebruary 15, 1984
Docket14205, 14211
StatusPublished
Cited by21 cases

This text of 345 N.W.2d 48 (Minor v. SULLY BUTTES SCHOOL DIST. NO. 58-2) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minor v. SULLY BUTTES SCHOOL DIST. NO. 58-2, 345 N.W.2d 48, 1984 S.D. LEXIS 247 (S.D. 1984).

Opinions

DUNN, Justice.

This is an appeal from a judgment of the circuit court in a teacher contract dispute. We affirm in part and reverse in part.

In August of 1982, appellants Sully Buttes School District # 58-2, the members of the Sully Buttes board of education, and Sully Buttes superintendent Don Rykhus (School District) found themselves in the position of losing their band instructor and needing another for the upcoming school year. Appellee William Minor (Minor), a music teacher and resident of Minnesota, saw a bulletin about the job opening and sent an application to School District. On August 27, 1982, at the request of School District, Minor traveled to Onida, South Dakota, for an interview and discussed the job with the superintendent and chairman of the board of education. They informed him that he would undergo a two-week “trial period” of teaching because the board could not meet for another two weeks to approve or disapprove his contract. Minor refused to take the position on a trial basis, so he was told that a contract would be prepared for him to sign. Minor accepted the position on that basis.

Minor returned to Onida on August 30, 1982, to begin teaching and was given the contract document to sign. After signing it, he returned the document to the superintendent, but it was never signed by any officials of School District. During the period before the contract could be approved, Minor had problems with the band. Consequently, School District refused to approve the contract with Minor and terminated him after nine days of teaching.1 Minor appealed the decision of School District to circuit court, seeking a determination that a contract existed between him and School District.2 The court concluded that no contract existed, but that Minor had incurred [50]*50compensable damages because of School District’s actions.

School District raises two issues on appeal: 1) Since the trial court found that there was no contract between the parties, was it error for the court to award damages to Minor? 2) Are the damages awarded to Minor excessive? On notice of review, Minor raises two issues: 1) Should School District be estopped from denying that a contract existed between School District and Minor? 2) If a contract existed, did School District properly terminate Minor?

In order to deal with these issues in a logical fashion, we shall first consider the question of whether a contract existed between School District and Minor. Minor contends that strict compliance with SDCL 13-43-4 is not necessary for the existence of a contract between a school district and a teacher, and that by its actions in giving a contract document to Minor and allowing him to teach for nine days School District should be estopped from denying the existence of a contract. We disagree.

SDCL 13-43-4 states: “A teacher shall be employed only upon written contract signed by the teacher and by the president of the school board and business manager of the school district.” It is well settled that when by statute the mode and manner in which contracts of a school district may be entered into are limited and any other manner of entering into a contract is expressly or impliedly forbidden, a contract not made in compliance therewith is invalid. Schull Const. Co. v. Webster Ind. School Dist. No. 101, 86 S.D. 475, 198 N.W.2d 512 (1972); Seim v. Independent Dist. of Monroe, 70 S.D. 315, 17 N.W.2d 342 (1945); 68 Am.Jur.2d Schools § 142 (1973).

The precise wording of SDCL ISIS-! (“A teacher shall be employed only ....” [emphasis added]) makes clear that any attempt by a school district and a teacher to enter into a contract without following the statutory language is forbidden. Since neither the president of the school board nor the business manager of School District signed the document in question, we must conclude that no contract came into existence. The statutorily mandated method for teachers and school districts to enter into contracts simply has not been met.

Minor is also incorrect in claiming that a contract exists by virtue of estoppel, thus overcoming the strict requirements of SDCL 13-43-4. In Bak v. Jones County, 87 S.D. 468, 210 N.W.2d 65 (1973), a county commission asked a contractor to repair certain roads, but they failed to follow the statutorily mandated requirements in making the contract. The contractor worked for about a month with the full knowledge of the commission. Even under those facts, we held that any contract entered into without complying with the statutes was null and void. We stated that it would be contrary to public policy to allow one to evade contract provisions which have been enacted by law for the protection of the public merely by arguing implied contract theories. Therefore, despite the actions of School District in this case, no contract existed. Only if all the requirements of SDCL 13-43-4 are met is there a contract between a school district and a teacher.

In light of our holding on the question of the existence of a contract, we need not deal with Minor’s other contention. The statutory requirements which a school district must fulfill before terminating a teacher apply only to individuals under contract.

We deal next with School District’s contention that if there is no contract there can be no breach of contract and, consequently, no damages can be awarded to Minor. The trial court awarded $1,612.98 in damages to Minor despite finding that no contract existed.

Even when there is no valid contract between the parties, a trial court can, applying the doctrine of detrimental reliance, find that an individual was unjustly harmed and is entitled to damages. The doctrine of detrimental reliance (also called [51]*51promissory estoppel) may be invoked in the following situation: a promise, apparently made in good faith, causes the promisee to alter his position to his detriment in the reasonable belief that the promise would be performed. Murray on Contracts § 91 (2d ed. 1974). This court recognized and applied the doctrine of detrimental reliance in Valley Bank v. Dowdy, 337 N.W.2d 164 (S.D.1983). See also Restatement (Second) of Contracts § 90 (1981). It has been stated that before the doctrine can be applied, a trial court must find: 1) the detriment suffered in reliance must be substantial in an economic sense; 2) the loss to the prom-isee must have been foreseeable by the promisor; and 3) the promisee must have acted reasonably in justifiable reliance on the promise as made. Simpson on Contracts § 61 (2d ed. 1965).

Here, Minor has proven all the elements of detrimental reliance.

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Minor v. SULLY BUTTES SCHOOL DIST. NO. 58-2
345 N.W.2d 48 (South Dakota Supreme Court, 1984)

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Bluebook (online)
345 N.W.2d 48, 1984 S.D. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-sully-buttes-school-dist-no-58-2-sd-1984.