Corrigan

(after stating the facts as above). We cannot see that tho telegram set out in the first cause of action is libelous, or of a libelous character. Tho sender of the message was one of the managers of a corporation which had control and management of the play ref:erred to.' In the exercise of his authority he telegraphed cancellation of the performance of the play set for a named date. He gave illness — whether of himself or of plaintiff is. not important— as the reason for taking that action. The message made no disparaging mention of plaintiff, directly or by implication; nor was any language used which in any way exposed plaintiff to contempt, ridicule, or obloquy, or tended to injure him in his profession as an actor. If, by the cancellation of the contract tor performance at Topeka, plaintiff was financially damaged, a right of action may exist, but not in libel. Cal. C. C. § 45.

The letter pleaded in the second cause of action is separable into two parts. Alter the introductory paragraph, which merely states that the Equity Association desired a written answer to its telephone inquiry on behalf of the plaintiff, then playing in Denver, defendant Lillian Maeloon states that…