Hon. D. Richard Voges Opinion NO. o-3064
County Attorney Re: Validity of teachers’
Floresville, Texas contracts.
Dear Sir:
We have your letter of July 1, 1941, presenting
the following facts and questions for our opinion, viz:
“Several teachers in this county teaching in a
common school district made two-year teacher’s con-
tracts with the trustees. The agreement as to the
contracts was made before the trustee election in
April by two of the three trustees. The election
was held, and one of the two trustees making the
agreement was defeated, but before he left office
and before the new trustee qualified, the two agree-
ing old trustees held a meeting and employed the
teachers, as agreed, and signed the contracts,
which were approved by the County Superintendent,
before the newly elected trustee qualified. NOW
since the new trustee has qualified, he and one of
the old trustees desire to cancel the contracts
made, heretofore referred to.
“(1) Can they cancel the contracts?
” (2) If so upon what grounds, (assuming the
contracts otherwise good)?
“Further, two of the teachers who entered into
the new contracts had other and older two year con-
tracts upon which they had taught only one year. As-
suming that the new contracts can be cancelled can
they still stand on the one year remait@ng on e he old
contracts?”
We enclose a copy of our Conference Opinion NO. 3069,
wherein we held that the last sentence in Sec. 1 of H.B, 137,
45th Leg,, (Art. 2750a, V.A.C.S.) was void for want of a proper
caption. If the contract in question was signed before April
24, 1941, the answer to your first question would be a negative
Hon. D. Richard Voges, page 2
one, assuming there are no grounds for cancellation not men-
tioned in your letter. The defect in the caption to said
Article 2750a was removed on .Aprll 24, 1941, by S.B. 126,
47th Leg. If this contract was signed between that date and
the qualification of the new trustee and you need our opinion
in light of that fact you may advise us.
Yours very truly
ATTORNEY
GENERAL
OF TEXAS
By /s/ Glenn R. Lewis
Glenn R. Lewis, Assistant
APPROVED JUL 21, 1941
/s/ Grover Sellers
FIRST ASSISTANTATTORNEY
GENERAL
APPROVED:OPINIONCOMMITTEE
BY: BWB, Chairman
GRL:AMM:wb
ENCLOSURE