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P and D had several business transactions concerning the sale of real estate prior to this sale. In each of the previous cases, the commissions had been negotiated. There is undisputed testimony that a listing agreement setting forth the commission was never signed by Ds. There was testimony that the commissions due P on all transactions between the parties were negotiated after P found a buyer in relation to the purchase price. The court made a finding of fact that this was their method of operation, commissions were negotiable. The court found that the parties did enter into a discussion at a meeting of April 14th and did agree in accordance with the testimony that the property should be sold at the reduced price of fifty cents per square foot and that P should accept a commission of 4% because the owners were reducing the selling price. The court found that although P did not in words agree to the 4% commission, he did agree to that commission by his silence. At the conference, P in effect accepted a 4% commission while D accepted a reduced selling price. Although Ganley did not accept the 4% commission in words, he did by his silence.' P appealed.

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