This section contains the nature of the case and procedural background.

P and D entered into a teacher employment contract for the 1974-75 school year, to commence August 29, 1974. P and D entered into a teacher employment contract for the 1974-75 school year, to commence August 29, 1974. As a result of deteriorating diabetic eyesight, P tendered his written resignation to D on July 24, 1974: It is with great regret that I must ask to be released from my 1974-75 teaching contract after my 27 1/2 days sick leave are used up. For personal reasons, which I have discussed with Mr. Swanson, I feel I must do this for the benefit of the students. The resignation had not been accepted before the commencement of the school year. P did not report for work. The offer of resignation, conditioned upon receipt of 27 1/2 days accumulated sick leave benefits, was not acted upon until September 20, 1974, when the District, by letter, refused the offer. D then discharged P, with notice of probable cause, at their regular meeting on October 3, 1974. D refused to pay accumulated sick leave benefits. P appealed his discharge to the Superior Court seeking damages including sick leave. The trial court entered the following findings: For several years P suffered from deteriorating eyesight from diabetes. P became aware of the fact that his eyesight had deteriorated to a point where he would be unable to perform his teaching duties during the 1974-75 school year. It found impossibility of performance. The actions of D were upheld and P appealed.

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