BENDER v. BOARD OF EDUCATION, 143 Ohio St. 562 (1944)

55 N.E.2d 865

BENDER, APPELLANT v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF TOLEDO, APPELLEE.

No. 29997Supreme Court of Ohio.
Decided May 24, 1944.

Supreme Court — Dismissal — No debatable constitutional question involved — Schools — Board of education — Contract with noneducational employee — Section 7699, General Code (97 Ohio Laws, 360) — Lack of funds and percentage reduction in salary during school year — Promise of full salary restoration if funds available — Authority to make reduction retroactive by resolution — Statutory contract impaired by operation of Civil Service Act — Accepting reduced salary constituted new contract, when — Evidence that funds available by delinquent-tax bonds, inadmissible, when — No recovery of salary based on original basic salary, when.

APPEAL from the Court of Appeals of Lucas county.

Messrs. Hackett Lynch and Messrs. Okun Disalle, for appellant.

Mr. W.G. Christensen, for appellee.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, BELL, WILLIAMS and TURNER, JJ., concur.

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