Oneal v. Colton Consolidated School Distric No. 306, 16 Wash.App. 488 (1976) p648.

breach of contract

• Mr. Oneal, a school teacher in P's district, tendered a written resignation to the district because of a failure to continue to teach because of deteriorating eyesight.
• In his resignation he asked to be let out of his contract after his 27.5 days of sick leave were used up.
• The district refused his offer.
• Mr. Oneal remained adamant in getting his sick leave days.
• The district discharged Mr. Oneal with notice of probable cause (because of breach of contract) and refused to pay accumulated sick leave benefits.

Mr. Oneal appealed his discharge directly to the Superior Court and sought damages including sick leave. The action of the District was upheld by the Superior Court, resulting in the present appeal.

1. By what method was the teaching contract terminated? Was it Mr. Oneal's resignation, discharge by the district, or discharge of the contract by operation of law?
2. Is Mr. Oneal entitled to pay accumulated from sick leave benefits?

Once a contract is excused, any benefits that may have been available to the benefactor of the contract during its operation are no longer available.

1. The contractual duty of Mr. Oneal to teach during the school year was discharged by operation of law through impossibility of performance.
2. Sick leave benefits were properly withheld by the District and Superior Court.

Performance was impossible because of deteriorating eyesight. Because his duty was discharged by operation of law there remained no contract capable of breach. The discharge shall be expunged from his teaching record. Because Mr. Oneal ceased to be employed his entitlement to receipt of accumulated sick leave benefits were ended.