Because payment by the Casons is not a penalty nor damages, but is simply Century 21's collection of its commission for services already rendered, the Casons claim for summary judgment is without merit. See generally Rybos v. St. Mary's Hosp., 195 Ga. App. 474, 475(2) ( 393 S.E.2d 739) (1990). Judgment reversed. Birdsong, P.J., and Smith, J., concur.