Williams v. Longtown School District No. 71

468 S.W.2d 673, 1971 Mo. App. LEXIS 665
CourtMissouri Court of Appeals
DecidedMay 25, 1971
DocketNo. 33804
StatusPublished
Cited by7 cases

This text of 468 S.W.2d 673 (Williams v. Longtown School District No. 71) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Longtown School District No. 71, 468 S.W.2d 673, 1971 Mo. App. LEXIS 665 (Mo. Ct. App. 1971).

Opinion

SMITH, Commissioner.

Plaintiff appeals from a judgment against her in a jury-waived case in which she sought recovery of damages for the alleged breach of her contract as a school teacher by the defendant.

Defendant is a common school district with three directors. In May 1967, it entered into a contract of employment with plaintiff for her to teach in its school for ten months at a total compensation of $4180. She was to teach 5th through 8th grades. She entered into her teaching duties as provided and, except for an eight-day period when undergoing surgery, continued teaching through December 11, 1967. On that day the three members of the school board accompanied by the County Superintendent of Schools, met with her in the schoolhouse after school. What precisely happened at this confrontation is sharply disputed, but the next morning a substitute teacher was in the plaintiff’s classroom and after December 11, plaintiff did not teach for the district. She testified without contradition that on December 12, 13, 14 and 15, she returned to the school prepared to teach, but in each instance her classroom was occupied by the substitute teacher. December 15 was the last day of school before the Christmas vacation. The clerk of the school board was not present at the December 11 meeting and there are no minutes of that meeting. On December 21, 1967, the school board held a meeting, the minutes of which stated as follows:

“Dec 21, 1967. The Board of Directors of Longtown School Dist #71 met on Dec 21 — 1967 at the Schoolhouse. All members present. At this meeting it was decided to dismiss Mrs. Eula Williams, teacher of grades 5-8 because of her being unable to perform her obligations as teacher. Her salary was to be paid up to Dec 15, 1967 and $50.00 for keeping records for the Cafeteria lunch program. Meeting adjourned, [signed] Mrs. L. Walker Clerk.”

In a letter dated the next day, addressed to plaintiff and signed by the three board members after conferring with counsel the following appeared:

“The Board of Education of the Long-town School District has accepted your oral statement of resignation on December 11, 1967, and will terminate your pay as of December 15th. This will allow you to complete the full month. We hope to receive either your contract or a written statement of resignation, but if you are unwilling to send either one of these, then we will have to continue to accept your oral statement before the board on the date above.”

On December 28, 1967, before the Christmas vacation ended and school recommenced plaintiff through her attorney denied that she had resigned, charged the board with an unlawful attempt to break the contract, stated she was ready, willing and able to perform the contract, and demanded the balance of the salary under the contract. The board’s attorney responded the following day by letter asserting again the board position that plaintiff had resigned orally. A portion of that letter stated:

“ * * * At the board meeting December 11th, she was informed that the board felt that it was within its rights to withhold her pay until she performed her obligations as teacher. Mrs. Williams reply was ‘if you are going to withhold my pay, I quit right now. Get yourself another teacher.’ There does not appear [675]*675to be any question that the school board was authorized by law to withhold the teachers pay when she has not been doing an adequate job. There is also no question that Mrs. Williams orally resigned her contract.”

There was no dispute about the execution of the contract, or the amount paid under it and the amount still due, if any. Classically the case was tried on the question whether Mrs. Williams resigned or was fired.

We review this case upon both the law and the evidence as in suits of an equitable nature, setting aside the judgment only if clearly erroneous and having due regard for the opportunity of the trial court to judge the credibility of the witnesses. Section 510.310, RSMo.1969, V.A. M.S. It is our duty to weigh the evidence ourselves and reach our own conclusions on the facts upon the record in the trial court. Cleary v. Cleary, Mo., 273 S.W.2d 340 [10-12].

Plaintiff premises her right to recovery on the provisions of § 168.121 RSMo.1959, V.A.M.S. in effect in 1967, which flatly provide “ * * * The board may not dismiss a teacher, except as provided in section 170.011 RSMo.; (not applicable here) * * The courts have “inflexibly enforced” the rule of such statute prohibiting dismissal by the school. There exists no implied authority to dismiss for any reason. Lynch v. Webb City School District No. 92, Mo.App., 373 S.W.2d 193 [4, 5].

Plaintiff introduced into evidence, without objection, the answers to certain interrogatories propounded to the school board members and the clerk. Interrogatory 6 inquired “Was Eula M. Williams permitted to teach the full school year beginning in September, 1967, and ending in May, 1968?” All four answers were “No.”

Interrogatory 8 inquired: “If you claim that the contract of Eula M. Williams * * * was terminated, state the date of termination, the reason for termination and who was present when such termination was purported to have been made.”

The clerk’s response was “See copy of minutes attached.” The responses of the three board members were identical: “The answer to No. 7 covers this question except that a formal meeting of the Board of Directors was held on December 21st, 1967, (see attached minutes) and it was formally decided to dismiss Mrs. Eula Williams.”

The minutes attached were those of the December 21 meeting previously set out in full. No effort was made by either party to introduce the answers to Interrogatory 7 into evidence. The only documentary evidence which purported to show that plaintiff resigned were the self-serving letters written to plaintiff or her attorney after the board had consulted its attorney.

Section 162.791 RSMo.1959, V.A.M.S., dealing with common school districts provides “ * * * The clerk shall keep a correct record of the proceedings of all the meetings of the board. In case of the absence of the clerk, one of the directors may act temporarily in his place.”

Where the law requires a record of the facts to be kept, the record is the best evidence of the facts, and primarily none other is admissible. Thornburgh v. School Dist. No. 3, 175 Mo. 12, 75 S.W. 81, 1. c. 84; State ex rel School Dist. of Affton v. Smith, 336 Mo. 703, 80 S.W.2d 858 [1, 2]. Where the records of a school dis trict are incomplete, or ambiguous, or lost or destroyed they may be supplemented or explained by oral testimony or established by parol. State ex rel School Dist. of Affton v. Smith, supra, [6,7]; Bonsack & Pearce, Inc. v. School Dist. of Marceline, 226 Mo.App. 1238, 49 S.W.2d 1085 [1].

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Bluebook (online)
468 S.W.2d 673, 1971 Mo. App. LEXIS 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-longtown-school-district-no-71-moctapp-1971.