JAMES MASON v Rev E CRAIG & Ors, (Scott's Trustees) (Court of Session)

The situation of master having become vacant, the trustees, at a meeting, held 13th March 1824, authorised the Rev. Edward Craig, one of their number, to make the requisite inquiries as to the qualification of candidates. The minute bears, that ‘the emolument for the present may be stated at L.40 yearly of fixed salary, and such very small school fees as shall afterwards be fixed upon, with the farther prospect of the salary being increased as the trust-funds improve, and if the master give satisfaction.’

The house allotted to the pursuer having fallen into disrepair, he left it on the 3d December 1829, after complaining of its condition to the trustees; and the school committee, by a minute, dated 2d February 1831, agreed to pay the rent of the house the pursuer had removed to, until the school-house should have undergone a thorough repair. The repairs, according to the pursuer's averment, were not completed before his dismissal.

The trustees having become dissatisfied with the manner in which the school was conducted, announced to the pursuer, at a meeting on the 16th December 1831, that they had resolved to shut up the school at Whitsunday 1832, and to dismiss him from his situation at that date. No specific reason for this resolution was stated.

Against this proceeding the pursuer presented a bill of suspension and interdict, which, after answers, was refused on the 6th March 1832. The school was accordingly shut up at Whitsunday following, in terms of the previous resolution.

In these circumstances the pursuer raised this action against Colonel Scott's trustees, founding on the correspondence as proving a permanent appointment, and concluding for the arrears of pence collected from the children, for his house-rent already due, and for a continuation of his salary and house-rent, or for corresponding damages.