False representations on the part of the purchaser of real estate by which the seller is induced to pay the broker's commissions to one who is not the procuring cause of the sale, give no right of action against the purchaser, for such commissions, to the broker who really procured the sale. Neither could the broker recover the commissions from the other broker who received them from the seller. The real broker's remedy is still against his principal, the seller, and if the seller has been induced by fraud to pay the commissions to one broker, while another was the real procuring cause of the sale, the seller alone may proceed against the purchaser for such fraud.44
43See also cases under Sec. 334.
44Cohen v. Hershfield, 16 Daly 96; 9 N. Y. Suppl. 512; 30 N. Y. St. Rep. 436 (1890).