Database Search Result Details

First Name SAMUEL
Last Name CHILTON
Decision Date 8/7/1989
Docket Number 89-20-114
ALJ SA
Respondent KANAWHA COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER
Topics CONTRACT
Primary Issues Mistake of expression unenforceable.
Outcome DENIED
Statutes
Related Cases
Keywords ENFORCEABLE, MISTAKE
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County, 9/20/89, Civil Action #89-AA-172, Affirmed 10-4-91, King
Supreme Court
Synopsis GRIEVANT REQUESTED HALF-TIME EMPLOYMENT AS TEACHER TO REMAIN AT STONEWALL JACKSON HIGH SCHOOL AND SIGNED SUCH AN AGREEMENT, ON AN ALLEGED ORAL UNDERSTANDING THAT HE WOULD RECEIVE FULL-TIME POSITION THAT WOULD OPEN. RESPONDENT SENT A FULL-TIME CONTRACT BY MISTAKE, THEN A HALF-TIME CONTRACT TO CORRECT THE MISTAKE. GRIEVANT SIGNED THE FULL-TIME CONTRACT AND REQUESTS PAYMENT THEREUNDER. DECISION: DENIED. A CONTENTION OF GRIEVANT THAT TRANSFER REQUIREMENTS OF W.VA. CODE 18A-2-7 WERE VIOLATED NEED NOT BE ADDRESSED BECAUSE ANY REQUIREMENTS THEREUNDER WERE WAIVED BY HIS WRITTEN AGREEMENT. ALSO, SINCE THE FULL-TIME CONTRACT INVOLVED A MISTAKE IT WAS UNENFORCEABLE AND SUBJECT TO BEING REFORMED. CROWDER V. KANA. CO. BD. OF ED., DOCKET NO. 20-86-307-1 (JUNE 25, 1987).

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