E. Osborne Smith, Inc. v. Weiss

In order to succeed in this action, plaintiff broker was under the necessity of proving a contract with defendant that the latter would deal only through it and would refuse to purchase the property through any other broker. In my view, plaintiff has failed to establish such a contract. (Foss v. N. Y. C. & H. R. R. R. Co., 217 N. Y. 727; Sieven v. Glazer, 267 App Div 969, leave to appeal denied, 292 N. Y. 726.)