Acheson

— Appeal from a judgment entered by the clerk upon default.

Defendant demurred to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action, which was overruled, and the default was entered for want of an answer. The sole question is, whether the complaint is sufficient to sustain the judg- ! ment. .

The complaint, in the first paragraph, alleged the incorporation of defendant, “ and that said corporation is, and was at all the times hereinafter mentioned, engaged in the business of telegraphing for hire.”

The second paragraph alleged the partnership of Philip Wolf & Co.

The third paragraph contained the following allegations: “ That on the twentieth day of December, 1889, the said firm of Philip Wolf & Co. presented to the defendant, at its office in San Francisco, state of California, and said defendant undertook to forward the same, a message of the following tenor,” etc., setting out that and several other messages between said firm and their agent at Independence, and other places in Oregon, relating to the purchase of hops, though that did not appear in any of the telegrams.

The message upon which this action is based was…