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KELEHER v. LASALLE COLLEGE. (01/15/59)

January 15, 1959

KELEHER, APPELLANT,
v.
LASALLE COLLEGE.



Appeal, No. 282, Jan. T., 1958, from judgment of Court of Common Pleas No. 2 of Philadelphia County, June T., 1953, No. 10945, in case of James F. Keleher v. LaSalle College. Judgment directed to be entered for appellee; reargument refused February 11, 1959.

COUNSEL

Isadore Winderman, for appellant.

Joseph E. Gembala, Jr., with him Samson B. Bernstein, for appellee.

Before Jones, C. J., Bell, Musmanno, Jones, Cohen and Bok, JJ.

Author: Jones

[ 394 Pa. Page 546]

OPINION BY MR. JUSTICE BENJAMIN R. JONES,

This appeal involves a question of the applicability of the Parol Evidence Rule.

James F. Keleher, appellant, taught philosophy and religion at LaSalle College, Philadelphia, from 1948 to 1953. On June 15, 1951, appellant and appellee, the latter acting through its then president, Brother Paul, entered into a written contract of employment, the summarized terms of which are: (1) appellant was employed as a full-time member of appellee's instructional staff with the rank of "Assistant Professor of Philosophy in the Area of Philosophy and Religion" for the

[ 394 Pa. Page 547]

    academic year 1951-1952; (2) appellant agreed to (a) serve "faithfully, diligently and according to his best abilities", (b) to accept at appellee's request certain administrative and non-teaching duties such as student consultation, etc., (c) by his conduct to uphold appellee's ideals and (d) not to engage, directly or indirectly, in any activity detrimental to appellee; (3) appellant was to be paid a salary - for a minimum semester teaching load of 12 semester credit hours and a maximum teacing load of 16 semester credit hours - of $3950, provided that if the appellee requested a teaching load in excess of 16 semester credit hours per semester, appellant's compensation would be the sum, per hour, which the maximum semester teaching load multiplied by thirty established academic weeks bears to $3950, multiplied by fifteen established academic weeks for each semester.

On June 15, 1952, appellant and appellee, the latter again through its then president, Brother Paul, entered into another written contract identical with the 1951 contract in all respects except that it covered the academic year 1952-1953 and appellant's salary was fixed at $4160.

On March 2, 1953, Brother E. Stanislaus, then appellee's president, wrote appellant to the effect that appellee could not offer him a new contract upon the expiration of the 1952-1953 contract, assigning as the reason therefor the necessity that appellee curtail its expenditures because of rising costs and diminishing enrollment. On March 7, 1953, the appellant wrote Brother Stanislaus questioning his authority to revoke "academic tenure" which appellant stated had been given him in June 1951 by Brother Paul and requesting of Brother ...


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