Where a contract of sale has been revudiated by the vendor, proof of tender of performance by the vendee is not necessary, in an action by the broker against the vendor for his commissions on the sale, when it is shown that it would not have been of any avail if made. Earwood v. Burner, 41 Mo. App. 48; Smith v. Tatum, 79 S. E. 775, 140 Ga. 719; Rothbaum v. Solomon, 187 I11. App. 338; Parker v. Seattle Land Co., 165 P. 1086, - Wash. Sup. -; Merzoian v. Kludgian, 191 P. 673, - Cal. Sup. - . See also Sec. 625.