1 Rob. 332 | La. | 1842
The petitioner claims eight hundred and fifty dollars for his services as overseer on the plantation of the defendants, from the 1st of January, 1839, to the 1st of January, 1840, under a written agreement with them, hearing date the 10th of April, 1839. This instrument, after setting forth divers obligations entered into on both sides, concludes with the stipulation that Nolan engages to do all other things that it is the duty of an overseer to do, and not to taste any kind of spirituous liquors or wine, until the 1st day of January, 1840. The defence is, that previous to the written contract between the parties, the defendants had employed the plaintiff as an overseer, hut that finding him disposed to become intoxicated, they discharged him ; hut that afterwards, at his own urgent request, they again employed him, giving him an increase of one hundred dollars on his wages, upon the express condition that he should abstain from drinking any spirituous liquors for the balance of the year. That in consideration of this increase of wages, the plaintiff assented to this condition, but that he after-wards became repeatedly so intoxicated as to be entirely unable to fulfil his duties, and that the defendants were obliged to discharge him at a season of the year when it is difficult to procure an overseer; and that by his misconduct he has caused damage to them to the amount of $700. The answer sets forth divers sums paid by the defendants for the account of Nolan, and concludes with a reconventional demand against the plaintiff for the sums thus due to the defendants. There was a judgment below in favor of the plaintiff for $410 41, from which the defendants appealed. ■
The evidence shows that Nolan remained on the plantation, dis'charging the duties of an overseer, from the 1st of January, 1839, to the. 11th of October, when he was discharged ; and that previous to-this latter date he was seen on several occasions in a state of intoxication. Drunkenness we should consider a legitimate cause of dismissal, even without any stipulation to that effect in the contract between the parties ; but the question is whether by thus giving to his employer such a cause of complaint as justified his discharge, the plaintiff has forfeited his wages for the length of time the defendants thought proper to keep him at work on their plantation. Articles 2720 and 2721 of the Civil Code provide that should a laborer, having without any just cause of complaint, leave his employer
Judgment affirmed.