Where, in an action by the assignee of a broker to recover commissions for a sale of real estate, plaintiffs assignor testified that he was acting for the purchaser when he approached defendant, and that, on the failure of these negotiations, he mentioned other prospective purchasers, but told defendant that they were his customers, and it was shown that plaintiffs assignor carried on no negotiations with the party who purchased the property, and did not meet the party until a week after the sale, it was error to submit the case to the jury. Whiteley v. Terry, 82 N. Y. S. 89, 83 App. Div. 197; Maddux v. St. L. Union Trust Co., 178 S. W. 669, 186 Mo. App. 138.