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.