A contract between the owner of real estate and a broker provided that on a sale under a certain option, which had been given, a commission should be paid to the broker, of which one-third should be taken from the cash portion of the price, contemplates an actual sale, and a petition showing an agreement to buy and sell, subject to a deposit of "earnest" by the proposed buyer, but which fails to allege that a sale has been made, or that the customer is willing to comply with his agreement to buy declares no cause of action. Jardy v. Salmon Brick & Lumber Co., 121 La. 457, 46 S. 572.