BREACH OF CONTRACT. 155 



time he actually did work. And among the well-known ex- 

 cuses for leaving before the original bargain contemplated, 

 are sickness of the hired man, or his physical inability to 

 labor (11 Met. 440), or the prevalence of some dangerous epi- 

 demic in the family or in the vicinity, which might render it 

 hazardous for the man to remain ; such as cholera, small-pox, 

 and the like (43 Me. 463). Any improper treatment by the 

 employer, as scarcity of suitable food, is also deemed siiffi- 

 cient excuse for seeking other quarters. 



And even though the laborer so misbehaves himself that 

 he is arrested and imprisoned for some crime, and so is busy 

 picking oakum for the county in the house of correction, 

 this is considered a legal excuse for not attending to his farm 

 duties, and he can make the farmer pay for what he did do 

 before he went into the public service (11 Allen, 201). 



It has been thought that merely harsh language by the 

 employer to his employee would not justify him in leaving 

 before his stipulated time was out (27 Vt. 645). In one 

 instance the farmer asked his hired man to water and feed 

 the cattle one Sunday morning. The man said he wouldn't 

 do it : the employer told him to " go to hell, but to mind and 

 work his time out first." Instead of following the directions, 

 the laborer went to a lawyer's office, and sued for his wages 

 up to that time, but was held not entitled to any thing (1 

 Wend. 515). Had the master required him to do any unne- 

 cessary or unlawful work on a Sunday, it would probably be 

 a good excuse for his leaving (8 Conn. 14 ; 1 Browne, 29) ; 

 but necessary farm-work, such as care of live animals, may 

 undoubtedly be required on Sunday (16 Jur. 549 ; 6 Dunl. 

 1256). But inasmuch as it is always a question for the jury 

 to decide whether the man had good cause for leaving (14 

 Gray, 454), their sympathies are very apt to be with the 

 employed, and they usually think the laborer is worthy of 

 his hire. The cheaper way generally in such cases is, if the 

 amount is not large, to pay the man, let him go, and never 

 hire him again. 



What we have before stated about a forfeiture of wages 

 is founded upon the doctrine that the laborer has made 

 an entire contract, and that he must faithfully fulfil it, or 

 he is entitled to no pay : therefore, if for any reason this 

 entire contract is not valid and binding on the laborer, he 



