Where real estate is placed for sale in the hands of two independent brokers under an arrangement with the owner assented to by both of them that the commission shall be paid to the one selling the property, it is the duty of the owner to pay the commission to the one actually producing a purchaser and consummating a sale. Daniels v. Columbia Heights Land Co., 9 App. Cas. (D. C.) 483. See Winans v. Jacques, 10 Daly (N. Y.) 487. Compare Sec. 365.