A contract for the purchase of real estate provided that the same should be void, at the will of the vendor, if default should be made by the vendee in completing the purchase by making the due cash payments and executing a mortgage for the balance of the purchase money, time being of the essence of the contract, $500 cash paid upon its execution to be forfeited to the vendor; a commission contract, executed at the same time, provided that the vendor would pay the broker $2,500 commissions if the contract of purchase should be performed by making the payments and executing the mortgage as provided. Held, that the vendee having failed to make the deferred cash payments and to execute the mortgage, the vendor having been ready, willing and able to perform the contract until such default, could take advantage thereof, cancel the contract, and remove the cloud from the record by appropriate legal proceedings; under such circumstances commissions are not earned. Van Norman v. Fitchette, 100 Minn. 145, 110 N. W. 851. See also Sec. 179.