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MOORE v. STARKEY

No. 41,251

185 Kan. 26 (1959)

340 P.2d 905

HARRY A. MOORE, Appellant, v. TOM STARKEY, FLOYD SONTAG and CLAYTON SMITH, School Board of Common School District No. 42 of Butler County, Kansas, and said COMMON SCHOOL DISTRICT No. 42 of Butler County, Kansas, and TOM STARKEY, CHARLES CRAIG and R.H. BING, School Board of Rural High School District No. 3 of Butler County, Kansas, and said RURAL HIGH SCHOOL DISTRICT No. 3 of Butler County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed June 13, 1959.

Attorney(s) appearing for the Case

Allyn M. McGinnis, of El Dorado, argued the cause, and Walter F. McGinnis, of El Dorado, was with him on the brief for the appellant.

Richard W. Moss, of El Dorado, was on the brief and argued the cause for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an action by a school teacher, who was dismissed before his term of employment expired, to recover salary from the school district for the portion of the term remaining after dismissal. A demurrer to the petition on the ground it fails to state facts sufficient to constitute a cause of action was sustained, and plaintiff has appealed.

On April 5, 1957, the contract of employment was entered...

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