Merriman

is the assignee of the Burn-ham & Marsh Company (a corporation), real-estate brokers. The action is for commissions due upon an alleged sale for F. A. Wickersham. Suit was commenced against Wicker-sham in his lifetime. He suffered default. Plaintiff after-wards consented that his default might he set aside. His death following, his executrix was substituted as defendant.

Wickersham had given to the Burnham & Marsh Company a power of attorney to sell certain described property for the sum of thirty thousand dollars. The instrument provided: “I hereby agree to pay to said Burnham & Marsh Company two and one half per cent commission on the amount of the sale if a purchaser is found by or through said Burn-ham & Marsh Company, or myself, or any other person, during said period (of ten days), or if sold thereafter to any person having received information of said property through the said Burnham & Marsh Co.” The complaint pleaded, and the court found, that after the expiration of the ten days the Burnham & Marsh Company, acting as the broker of Wickersham, negotiated a sale of the property, and sold it for him to one G. L. Page, for the sum of thirty thousand dollars, and received…