The court, in an action to recover commissions for procuring a contract for defendant with one D. having charged that "plaintiff can not have commissions from both sides; it is claimed by the defendant that he was endeavoring to do that; if that were true, while he was working for the defendant he can not recover in this action at all, provided you believe he was entitled to get a commission from D. as well," there was no error in refusing defendant's request for a charge that if, at the time of the making of the contract between plaintiff and defendant plaintiff was negotiating with D. to do the work himself, the jury must find for the defendant. Hume v. Flint, 11 N. Y. S. 431; Brady v. Richey & Casey, 202 S. W. 170, - Tex. Civ. App. - .