“Ability” in sales contracts, dependent on ability to purchase, usually means financial ability. Anderson v. Craig, 111 Mont. 182, 108 P.2d 205, 206; House v. Hornburg, Sup., 39 N.Y.S.2d 20, 22. Purchaser must have financial ability and legal capacity to acquire land. Campbell v. Hood, Tex.Com.App., 35 S.W.2d 93, 95, 85 A.L.R. 266.

Purchaser is able to purchase, as respects broker’s right to commission, if he is financially able to command the necessary funds to close the deal within the time required. Hersh v. Garau, 218 Cal. 460, 23 P.2d 1022. Even though part of the money must be obtained on the purchased property itself. Pellaton v. Brunski, 69 Cal. App. 301, 231 P. 583, 584. But see Bateman v. Richard, 105 Okl. 272, 232 P. 443, 445; and Reynor v. Mackrill, 181 Iowa 210, 164 N.W. 335, 1 A.L.R. 523, holding that a person, to be able to purchase, must have the money for the cash payment, and not merely property on which he
could raise it. See, also, Peters v. Mullins, 211 Ky. 123, 277 S.W. 316, 317. See Financially Able

The phrase in the Workmen’s Compensation Act in reference to wages does not mean the maximum sum earned in any one week, but a fair average of the weekly wages which an-employee is able to earn covering a sufficient period of time to determine his earning capacity. Reeves v. Dietz, 1 La.App. 501, 505. See also, Mt. Olive & Staunton Coal Co. v. Industrial Commission, 301 Ill. 521, 134 N.E. 16. Amount one is capable of earning if employed. Ferrara v. Clifton Wright Hat Co., 125 Conn. 140, 3 A.2d 842, 843.

Ability to obtain and hold employment means that the person referred to is either able or unable to perform the usual duties of whatever employment may be under consideration, in the manner that such duties are customarily performed by the average person engaged in such employment. Kinyon v. Kinyon, 230 Mo.App. 623, 71 S.W.2d 78,82

A grade of merchant seamen. 46 U.S.C.A. § 672.