Ganley v. G. and W Limited Partnership
Court of Special Appeals of Maryland
409 A.2d 761 (Md. Ct. Spec. App. 1980)
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, Ganley’s commission was negotiated after Ganley procured a buyer and the commission was based upon the purchase price. In the transaction at issue, Ganley advised the defendants to accept an offer from a buyer who was willing to purchase the property for less than the asking price. The defendants agreed but on the condition that Ganley accept a four percent commission as opposed to the eight percent commission that had been discussed previously. Ganley responded with silence. The trial court found that Ganley had agreed to a four percent commission by silence because a duty to speak had arisen.
Rule of Law
Holding and Reasoning (Lowe, J.)
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