school board violated agreement by failing to adhere to preserved prior practice of having shortened school day on day before Thanksgiving
How later courts described this case
- school board violated agreement by failing to adhere to preserved prior practice of having shortened school day on day before Thanksgiving
- “where by the terms of the contract performance on one side is made a condition precedent to performance by the other, such an intention expressed in the contract will be given effect”
Written by the judges who cited it.
The opinion
Wachenfeld, J.
(dissenting). I am in accord with Judge Conlon that the plaintiffs have established their right to the holiday pay in question. I would award them judgment for *295 the reasons expressed in his opinion, 25 N. J. Super. 601 (Super. Ct. 1953).
For affirmance — Chief Justice Vanderbilt, and Justices Heher, Oliphant, Burling, Jacobs and Brennan — 6.
For reversal — Justice Waoheneeld — 1.