McKenry

To the plaintiff’s second amended complaint the defendant interposed a demurrer which was general and special. The trial court sustained the demurrer without leave to amend. Thereafter a judgment of dismissal was entered. From that judgment the plaintiff has appealed, bringing up the judgment-roll.

The plaintiff duly pleaded the incorporation of the Western Union Telegraph .Company, etc. It also pleaded that the Oakland Association, Incorporated, was a corporation which owns and operates the Oakland Baseball Club and that said club is a member of the Pacific Coast Baseball League. Continuing, the allegations of the plaintiff’s pleading are as follows:

“That thereafter said defendant demanded and received of the said Oakland Association, Inc., a corporation, the sum of thirty-two (32) cents lawful money of the United States for the transmission and delivery of said message to the said plaintiff herein at Fresno, California, in due course and the said defendant at the time of the filing of said message agreed with the said Oakland Association, Inc., a corporation, in consideration of said money so paid to forward the said message at once and to deliver the same to plaintiff in…