# Abraham v. Sims

> California Supreme Court · March 26, 1935 · 2 Cal. 2d 698

URL: https://www.frixlaw.com/law-library/cases/9569014

## Case

- **Full name:** BEULAH J. ABRAHAM, Appellant, v. VIRGIL J. SIMS Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** March 26, 1935
- **Citations:** 2 Cal. 2d 698; 42 P.2d 1029; 1935 Cal. LEXIS 385
- **Precedential status:** Published
- **Opinion:** Dissent by Shenk
- **Judges:** Shenk
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9569014

## Opinion text

SHENK, J., Dissenting.
I am unable to concur. The appeal is from a judgment after a full and fair trial on the merits. The trial court made findings in favor of the respondents. These findings are in part supported by uncontradicted evidence and otherwise by substantial though conflicting evidence. From these findings it appears that the petitioner occupied a position as teacher in the district *714 during the school year 1931-1932 at a salary of $1600. On April 18, 1932, the respondent board reduced the salaries for the following year of all teachers receiving that amount, to $1557. On the following day the petitioner was notified of the reduction. A contract calling for the reduced salary was prepared and presented to her for her acceptance and signature. She refused to accept or to sign the same and gave as the reason for her refusal that the salary was not right. At no time has she offered to teach for the salary specified in said contract and at all times has refused to do so. The respondents then placed another teacher in charge of the classes to which the petitioner had been assigned. The trial court concluded that, although the petitioner had attained the status of a permanent teacher, her conduct in refusing to teach at the salary fixed by the board was tantamount to a resignation.
It may be conceded that there is evidence on which contrary findings might have been based, but it is apparent to me that the court in the prevailing opinion has entered the domain of the trial court by testing the credibility of the witnesses and weighing the evidence. In my opinion the petitioner has not on the record justified a reversal of the judgment.
Waste, C. J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9569014. Public record. Not legal advice.