Contracts Keyed to Fuller
Ganley v. G. and W Limited Partnership
Paul B. Ganley (Plaintiff) was a broker for G and W Limited Partnership, Martin R. Grunley, and William V. Walsh (Defendants) in several real estate transactions. In each of these transactions, Plaintiff’s commission was negotiated after Plaintiff procured a buyer and the commission was based upon the purchase price. In the transaction at issue, Plaintiff advised Defendants to accept an offer from a buyer who was willing to purchase the property for less than the asking price. Defendants agreed but on the condition that Plaintiff accept a four percent commission as opposed to the eight percent commission that had been discussed previously. Plaintiff responded with silence. The trial court found that Plaintiff had agreed to a four percent commission by silence because a duty to speak had arisen.
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