An agreement by a real estate agent to divide commissions on the sale of certain property if plaintiff should find a purchaser does not entitle plaintiff to a share of the commission, where he and a third person purchased the property. Morganstern v. Hill, 28 N. Y. S. 704, 8 Misc. 356; Hess v. Gallagher, 117 N. Y. S. 960. See also Sec. 290. Compare Sec. 40.