Opinion
September 26, 1952.
Appeal from the Circuit Court, Greenup County, Jim Sowards, J.
John W. McKenzie, Ashland, Thomas E. Nickell, Greenup, for appellants.
Dysard Dysard, Ashland, for appellee.
This appeal is from a judgment holding that the appellee is entitled to a continuing teaching contract under KRS 161.740.
In the case of Payne v. Bush, Ky., 249 S.W.2d 789, we held that a teacher eligible for a continuing contract under the Teachers' Tenure Act, after having taught two years under a limited contract, acquires no absolute right to a continuing contract on subsequent re-employment under a limited contract. That case is controlling here, since the facts in the two cases are identical.
Judgment reversed, with directions to set it aside, and to enter a judgment in conformity with this opinion.