186 Pa. 347 | Pa. | 1898
Opinion by
Although the learned court below affirmed the various points submitted by the counsel for the defendants, we think there was error in the general charge in the statement of the degree of failure on the part of the plaintiff in the performance of his duty under the contract, which would justify the defendants in discharging him. After saying that if the plaintiff did possess and exercise in good faith the degree of knowledge and skill required in the business in which he was employed, the court proceeded to say: “ Unless you find that he was wanting in knowledge or skill, or that he habitually failed to exercise the knowledge and skill which he possessed, in the employment of the defendants, then he would be entitled to recover the contract price.” The word “habitual” is defined by Webster