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Waters v. White

1 Citing case

  1. State ex rel. Marsh v. Lum

    111 A. 190 (Conn. 1920)   Cited 15 times
    In State ex rel. Marsh v. Lum, 95 Conn. 199, 111 A. 190 (1920), the Supreme Court of Errors held that teachers who were promised a salary increase by a school board, and who relied in silence upon that promise, forbearing from exercising their options to leave their jobs, had a contractual right to the increase in pay.

    It is said that while there was forbearance on the part of the teachers in this matter, there was no promise to forbear and therefore no real consideration for the promise of increased pay. But actual forbearance is evidence of an agreement to forbear, and in the absence of proof to the contrary is often held to be incompatible with any other condition. Waters v. White, 75 Conn. 88, 91, 52 A. 401; Breed v. Hillhouse, 7 Conn. 522, 527; Boyd v. Freize, 71 Mass. 552, 555. This latter is the situation here shown.