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TAGGART v. BOARD DIRECTORS CANON-MCMILLAN JOINT SCHOOL SYSTEM. (11/13/62)

November 13, 1962

TAGGART, APPELLANT,
v.
BOARD OF DIRECTORS OF CANON-MCMILLAN JOINT SCHOOL SYSTEM.



Appeal, No. 272, March T., 1962, from judgment of Court of Common Pleas of Washington County, May T., 1961, No. 253, in case of M. L. Taggart v. Board of Directors of Canon-McMillan Joint School System. Judgment affirmed.

COUNSEL

James R. Donaldson, for appellant.

Samuel L. Rodgers, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.

Author: Musmanno

[ 409 Pa. Page 34]

OPINION BY MR. JUSTICE MUSMANNO

On May 2, 1938, M. L. Taggart and the School Board of Canonsburg entered into a contract providing that

[ 409 Pa. Page 35]

    he was to receive compensation at the rate of $1,800 a year on the basis of an annual nine-months term. In this contract he was referred to as "Assistant Principal". In 1954 the school districts of Canonsburg, Cecil Township and North Strabane Township formed the Canon-McMillan Joint School System, Taggart continuing his employment therein.

On June 19, 1956 the board of directors of the joint school system elected Taggart as principal of the Canonsburg High School at a salary of $6,500 a year. On March 24, 1960 the board elected him principal of the junior high school in Canonsburg, beginning with the 1959-60 term, at a salary of $7,500 a year for a ten-month term, the salary to be paid over a twelve-month period.

On March 25, 1960 Taggart was informed of this action of the school board and requested to sign the contract which embraced the terms specified in the action of the school district. Taggart refused to sign the contract because it did not include an extra month's compensation, his contention being that his original contract provided that he was entitled to a year's salary on the basis of nine months' work, and that therefore if he was compelled to work an extra month he should receive extra compensation for that month.

On May 25, 1961 Taggart was notified by the superintendent of schools of the district to appear in his office by June 2, 1960 to sign the contract. Taggart declined to appear and to sign.

On February 13, 1962 Taggart entered a suit in mandamus in the Court of Common Pleas of Washington County against the Board of Directors of the Canon-McMillan Joint School System, averring: "The Defendant has a duty to pay the Plaintiff for services performed beyond the 9 month term contained in his present contract and, if a ...


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