Ganley v. G. and W Limited Partnership

Broker Paul Ganley (plaintiff) had previously negotiated commissions based on final purchase price with G and W Limited Partnership and its principals (defendants) across several real estate deals; on the transaction at issue, after Ganley procured a buyer willing to pay below asking price, the defendants agreed to sell only on the condition that Ganley accept a reduced four-percent commission instead of the previously discussed eight percent, and Ganley responded with silence. The trial court found Ganley had accepted the four-percent commission through his silence, given a duty to speak arising from the circumstances.