If the principal and the customer found by the broker enter into a valid contract, and the purchaser fails to make the deferred payments and surrenders possession to the vendor, the broker is not deprived of his right to a commission for making the sale. Shainwald v. Cady, 92 Cal. 83, 28 P. 101; Ealleck v. Hinckley, 19 Colo. 38, 34 P. 479; Lester v. Norton, 43 Conn. 219; Moss v. Wren (Tex. Sup. '08), 118 S. W. 149; Friestedt v. Dietrich, 84 I11. App. 604; Jenkins v. Hollings-worth, 83 I11. App. 139; Greene v. Hollingshead, 40 I11. App. 195; McConaughy v. Mahannah, 28 I11. App. 169; Love v. Miller, 53 Ind. 294; Micks v. Stevenson, 22 Ind. App. 475, 51

N. E. 492; Pearson v. Mason, 120 Mass. 53; Love v. Owens, 31 Mo. App. 501; Lanney v. Healey, 56 Neb. 313, 76 N. W. 558; Seabury v. Fidelity, etc., Ins. Co., 205 Pa. St. 234, 54 A. 898; Hippie v. Laird, 189 Pa. St. 472, 42 A. 46; Bach v. Eme-rtc/i, 35 N. Y. Super. Ct. 548; Heinrich v. Kern, 4 Daly (N. Y.), 74; Thain v. Philbreck, 74 N. Y. S. 856, 36 Misc. 829; Rosenberg v. Smith, 55 N. Y. S. 528, 25 Misc. 774; Davis v. Dawson, 194 S. W. 15, - Ark. Sup. - . See also Sec. 449. Compare Secs. 458, 537.

Where owner listed real estate with a broker for sale, and he failed to procure a purchaser upon owner's terms, but did procure one who entered into a contract directly with the owner on different terms, including lot conveyed to owner as part of consideration which was not completed because purchaser had no title to and could not obtain title to lot, the purchaser was not "ready, able and willing" to buy on terms agreed upon by himself and owner, the broker did not earn any commission upon alleged sale. Harris v. Warmach, 101 S. E. 713, - Ga. App. -; Reder v. Epps, 166 S. W. 747, 112 Ark. 566.