¶1(concurring). It seems clear to me that a teacher who taught from September 12, 1953, to July 1, 1956, had, when the latter date arrived, earned a full three years’ salary and had received all of it except one fifth of one year’s salary. Under the old payment plan, payment of this one fifth would have been made in the August, September, and part of the October instalments. Under the new payment plan, this one fifth was received as part of the salary ostensibly paid for the academic year 1956 — 1957. Thus, a teacher whose salary was stated at the same total sum for the nine-month academic year 1956-1957 as for the previous twelve-month year did not really receive the same salary for teaching the nine months of the academic year 1956-1957 as he did for his services during the previous full year. The complaint, it seems to me, fails to allege that any teacher represented by plaintiffs had a contract to receive the same total sum for the nine-month academic year 1956 — 1957 as for the previous twelve-month year.
¶2It seems probable that there may have been, as a matter of personnel policy, unfair discrimination between a teacher *511newly hired for the 1956-1957 academic year who had no accrued vacation rights and teachers represented by plaintiffs who did have such accrued rights, if the former were hired at the same stated salary and had the same qualifications as the latter. Plaintiffs, however, have not alleged facts to show that such treatment violated any contract.