Page:Federal Reporter, 1st Series, Volume 7.djvu/660

 C48 FEDERAL REPORTER. �the whole term of service, if, after a fair trial, they found that she was, in many respects, unsuited to their employ- ment, and that a further continuance of her service would resuit in serions injury to their business interests. �In the argument the counsel of the plaintiff have presented another legal question. There is some evidence tending to show that the defendants, after two months' experience and observation of the conduct and fitness of the plaintiff, ap- proved the same in language of high oommendation, and con- tinued her in their service. It is iusisted that this conduct of the defendants was a condonation of any breach of contract occasioned by any past improprieties or deficiencies in taste and skill. Condonation is a pardon or forgiveness of a past wrong, fault, or defioiency which bas occasioned a breach of some duty or obligation. If there bas been an actual forgive- ness of a breach of contract on the part of a maater to a de- faulting servant, he cannot af terwards rely upon such breach in discharging the servant; but such condonation can in no respect extend to subsequent offenees, or to a oontinued defl- ciency. �Eetaining in service after knowledge of a breach of con- tract is prima fade a condonation, and a presumed waiver of such breach; but this is a question of fact for the jury to determine after considering all the facts and circumstances of a case. If the defendants in this case have by their tes- timony satisfied you that no condonation was intended, but that their language of commendation and their indulgence were prompted by feelings of kindness and forbearance ; or if they have shown any other good reason for delay in dis- charging the plaintiff after knowledge of a breach of her con- tract, — then the legal presumption of a waiver of said breach will be rebutted, and you can find that the defendants were justified in dismissing the plaintiff from their service for any sufficient cause which they had known and overlooked in the course of employment. �I have now stated to you the principles of law involved in this case, and instructed you as to the rulesfor applying the ��� �