Rowell

This is an action to recover damages alleged to have been sustained by plaintiff by reason of his unlawful discharge prior to the expiration of the terms of his employment.

The employment in question was based upon a contract entered into between plaintiff and defendant, Western Motor Transport Company, which contract and the liability thereon were alleged to have been assumed by the defendant, California Transit Company, who thereafter discharged the plaintiff.

The case was tried before the court without a jury. Neither of the defendants offered any evidence on their own behalf and the case was submitted upon the evidence educed on behalf of the plaintiff. The court thereupon made findings and gave judgment in favor of the plaintiff and against the defendant, California Transit Company, in the sum of $4,500 and in favor of the defendant, Western Motor Transport Company, for its costs. From this judgment the defendant, California Transit Company, alone appeals.

The main ground of the appeal is that the evidence is insufficient to sustain the finding of the court that the appellant assumed the obligations of plaintiff’s contract of employment. The contract of employment was for…