Strank v. Mercy Hospital Of Johnstown

117 A.2d 697 (1955)

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Nature of the Case

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Facts

Strank (P) was a minor who was enrolled in D’s school. P completed all the work for the first two years of the school program but was eventually dismissed for reasons of her remaining away overnight without permission. P was dismissed. P did not seek reinstatement in the school but wanted D to issue a transcript so that she could transfer to another school with advanced standing. D refused. P sued D in mandamus to compel D to give her the credits she earned. D filed an objection raising the issue of jurisdiction. It was held on that objection that a writ of mandamus could not issue to enforce a right or duty that rested solely under a contract and that as such the mandamus action must be dismissed. P then sued in equity and pled that an oral contract that was also confirmed partially in writing was made and that both parties had carried out this contract for the past two years. P alleged that these contracts imposed upon defendant the legal duty to give her proper credits for work completed, and that, because of defendant's refusal to do so, she has suffered great damage by loss of time for which she has no adequate remedy at law. D filed objections again; the court did not have jurisdiction to entertain an equity action. D was ordered to file an answer. D appealed.