Page:Federal Reporter, 1st Series, Volume 7.djvu/656

 644 • FEDERAL REPORTBB, �complaint, and that she was able, ready, and willing to per- form her part of the contract, then, nothing else appearing, she would be entitled to reoover the amount she would have received had she remained in the employaient of the defend- ants, to-wit: The wages dPor nine months, at $50 per month ; her board and washing for nine months, at $22 per month; and her traveling expenses ($17) inreturning to Bal- timore. She is not entitled to recover the amount whioh would have been expended in her two promised and antioi- pated visits to her home during the year of service. . �On the other hand, if the plaintiff has f ailed in making out her case, or if the defendants have satisfied you, by testi- mony, that no such special contract as that alleged by the plaintiff was entered into by thein, but the contract with the plaintiff was for her services only so long as such services were satisfactory to them, then that finding would determine the case, as the plaintiff can only recover upon the special contract alleged in her complaint. �And, again, if you find that there was a special contract as alleged, and the defendants have satisfied you by the evidence that they had good and sufficient cause to dis- charge the plaintiff from their employment before the ex- piration of the term of service, then you should find a verdict for the defendants, as they were bound by their contract to keep the plaintiff in their employment ouly so long as she properly performed her part of the said contract. �What constitutes suESicient cause for avoiding a special contract of service is a mixed question of law and fact. The court must inform the jury what statements in the testimony, if aseertained by the jury to be f acts, will or will not constitute suf&cient cause of dismissal from service, and I will now proceed to perform this part of my duty. �The plaintiff alleges that she entered into the service of the defendants as a superintendent of a ladies' dress-making establishment, and as a cutter and fitter of ladies' dresses. Now, if you should find that she was unskilful and wanting in the taste usual in such employment, or that she was not faithful and diligent in her duties, then the court chargea ��� �