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Tondre v. Pontiac School District

NOVEMBER 20, 1975.

PAUL TONDRE, PLAINTIFF-APPELLANT,

v.

PONTIAC SCHOOL DISTRICT NO. 105, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of St. Clair County; the Hon. STEPHEN KERNAN, Judge, presiding.

MR. JUSTICE EBERSPACHER DELIVERED THE OPINION OF THE COURT:

This is an appeal by the plaintiff, Paul Tondre, from orders of the circuit court of St. Clair County dismissing his complaint, his amended complaint, and denying his motion to reconsider the dismissal of his amended complaint. However, since the trial court granted the plaintiff leave to amend his complaint and the plaintiff proceeded to amend such complaint by filing an amended complaint, the trial court's order dismissing plaintiff's complaint was not a final and appealable order. Consequently, the sole issue before this Court is whether the trial court erred in dismissing the plaintiff's amended complaint.

The relevant portions of the plaintiff's amended complaint are as follows,

"2. That on or about September 8, 1971, the plaintiff entered into an employment contract with the defendant, Pontiac School District No. 105, wherein the plaintiff would be employed for a period of two (2) years as a training intern, Nine and One-half (9 1/2) months the first year and ten (10) months the second year. Said contract is attached hereto marked Plaintiff's Exhibit `A'.

3. That on September 8, 1971, as attested to in said Contract marked Exhibit `A', the plaintiff was hired by the School Board as a training intern; that on August 1, 1972, the plaintiff was elevated and appointed to principal of the Pontiac School in the Pontiac School District No. 105, by the Board of Education of the aforementioned school district, and served as principal for said school for the school year of 1972 and 1973, or a period of ten (10) months; further, that in addition to his elevated position of principal, he was requested to supervise and manage the journalism club.

4. That the defendants agreed that the term of the second year of said contract, as aforementioned, would be by mutual agreement as to the increased duties and additional time in which the plaintiff was to perform these duties, i.e. act as principal, supervise and manage the journalism club and serve an additional one-half (1/2) month.

5. That the plaintiff has made numerous and reasonable demands upon the defendants to make some agreement as to the terms of the second year contract; that they have failed and refused to negotiate concerning the terms of the second year contract, although the plaintiff has performed all conditions and duties as set forth.

6. That the plaintiff was paid Eleven Thousand Three Hundred Dollars ($11,300.00) for the duties performed in the second year of the contract, but the reasonable value of his services performed at the time and place aforesaid, as principal and for managing and supervising the journalism club for the year of 1972 and 1973 was Twenty Thousand Dollars ($20,000.00).

7. That the defendants have willfully and maliciously failed to enter into any mutual agreement, or, to in fact, negotiate the terms of the second year of said contract and plaintiff is entitled to attorney's fees to prosecute said lawsuit for the recovery of same." (Emphasis supplied.)

Attached to this amended complaint was a copy of the contract. This contract, entitled "Teacher's Contract," contained the following provisions,

"1. That for the consideration hereinafter set forth said teacher agrees to teach, govern and conduct the common school of said District to the best of h. . . . . . ability; to keep a register of the daily attendance and studies of each pupil belonging to said school and such other records as said Board may require; to make all reports required by law and to see that the school house, grounds, furniture, apparatus and such other district property as may come under the immediate care and control of said Teacher is not unnecessarily damaged or destroyed;

2. That said teacher agrees to perform the duties above specified for a term of * * * 9 1/2 months * * * commencing on the 9th day of September A.D. 1971 for the sum of $11,000.00 * * *.

3. Duties to be assigned as Adm. Training Intern with appropriate courses to be completed by September 1972.

4. Employment to be two years, with second year employment to be for a 10 months (sic) schedule, contract terms to ...


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