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There was no evidence offered by the plaintiff to justify the view that plaintiff was at liberty to quit his employment and was neither discharged nor coerced into signing the application. There was evidence that Hudson and defendant Riley had discussed with plaintiff the fact that he had had a disability to drive a truck and a very close question was presented with respect to the admissibility of this testimony. But there was no evidence that Hudson or Riley, or either of them, had authority or had ever had authority to discharge or hire plaintiff’s employees or to hire or discharge plaintiff. There was no direct evidence that this was not a voluntary act by plaintiff on his own part, but the referee was justified in inferring that Hudson and Riley, having made no effort to obtain other employment for plaintiff, had concluded that plaintiff could not be relied upon to continue his employment and had devised this plan to induce him to quit and not keep him as an employee and thereby to effect their purpose to discharge him and replace him with one of their own employees. Such a finding would not be inconsistent with the evidence and the court could act upon it. Platter Paper Co. v. Naper, 88 F.(2d) 527, 533.
On the whole of the evidence, I am satisfied that the trial court’s conclusion that plaintiff was not discharged from his employment and was not at liberty to quit the employment was correct. This is not a case where the Referee’s report was based on his belief that as a matter of law the employment must be held to have been continued by the employer, but on the contrary the report was based upon the court’s conclusion that there was no substantial evidence to support the findings to that effect.