Stewart v. Sisk

1. The ability to buy, required in a purchaser obtained by a real-estate broker as a condition to the broker’s right to earn a commission for his services, is the final ability to meet the required terms of the sale. It does not mean solvency or ability to respond in damages for a breach of the contract. Shaw v. Chiles, 9 Ga. App. 460 (2) (71 S. E. 745). The fact that the purchaser, at the time of his procurement by the broker, owned real estate upon which a homestead had been taken would not necessarily affect the purchaser’s ability to meet the terms of thfe contract of sale.

2. The charge…