Mission Independent School District v. Diserens

144 Tex. 107 (1945)

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Nature of the Case

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Facts

P and D entered into a written contract by which D engaged herself to teach in the Mission, Texas, public schools at a stated salary for one year beginning September 1, 1944, and further agreed she would not teach anywhere else in the State of Texas during the contract period. D was a musician and teacher of extraordinary and unique talents and abilities and it was a difficult matter for the employing school district to obtain any other teacher with her qualifications. D entered into the performance of her duties under this contract but later on, the same day asked that she be released. P refused and D breached her contract by going to Cisco, Texas, where she took up teaching music and directing a band in the public schools. P sued D seeking to enjoin her from breaching the negative promise in the contract not to teach during the contract period elsewhere in the State of Texas than in the Mission public schools. The district court refused the issue an injunction against D. The appeals court affirmed. P appealed.