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Contracts Keyed to Dawson
Military College Co. v. Brooks
Citation:
107 N.J.L. 28, 147 A. 488 (N.J. 1929)Facts
The defendant James E. Brooks enrolled his son in the New Jersey Military Academy, operated by the plaintiff Military College Company, for the 1926-1927 academic year. The tuition for the year was $1,000, of which $600 was paid in advance. In January 1927, before the completion of the academic year, the academy dismissed Brooks’ son. The academy claimed the dismissal was due to the son’s misconduct, specifically his violation of academy rules. Following the dismissal, Brooks refused to pay the remaining $400 of tuition. The Military College Company then brought suit to recover this unpaid balance, arguing that despite the dismissal, they were entitled to the full tuition amount as per the enrollment contract.
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