Page:Federal Reporter, 1st Series, Volume 7.djvu/657

 LEATHEEBEREY V. ODELL. 645 �you that there was sufficient cause for ber dismissal from the services of the defendants ; for there was an implied con- tract on her part that she was competent to discharge the duties for which which she was employed, and possessed the requisite sMll and taste of arrangement usual in such busi- ness. �The plaintiff, in reply to the allegations of the defendants in their answer, says that she did not engage in her special contraet to perform the service of a competent and skilful cutter and fitter of ladies' cloaks, and that such employment is a separate and distinct business from that which she engaged to perform. She also eays that, after she had entered upon the performance of her special contraet, she did, at the request of the defendants, eut and fit some ladies' cloaks in a manner that ought to have been satisfactory to customers, and she insists that, even if such work was not satisfactory, it was not sufi&cient cause for a dismissal from the services specified in her contraet, and which she had performed witb proper diligence and skill. If you should find from the tes- timony that the cutting and fitting of ladies' cloaks is a sep- arate and distinct business, and was not embraced in the alleged special contraet, then I charge you that the failure to perform properly this extra service would not Justify her dismissal from the employment which she had undertaken in the contraet. �If you should be satisfied from the testimony offered by the defendants that the plaintiff engaged to serve them as a cutter and fitter of ladies' cloaks, then a similar contraet was implied to that above stated as to a cutter and fitter of ladies' dresses; and if she failed or was incompetent to perform such implied contraet, then the defendants were warranted in an entire discharge from their service. �If you should find that the plaintiff's disposition and gen- erai deportment towards customers and other employes se- riously affected the custom and business of the defendants in her department, then the discharge from service was justifi- able. But slight diseourtesies, hasty words, and occasional exhibitions of irritation or even ill temper were not sufficient ��� �