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This section contains the nature of the case and procedural background.

Buttolph (D) offered a lakeside lot and summer cottage for sale. Chomicky (P) inspected the property and negotiated for its purchase. Both parties signed a contract drawn by P's attorney and subject to obtaining a subdivision permit. P telephoned D to discuss alternatives for closing the sale in the event that a permit was denied. D eventually agreed to the alternative. The permit was denied and D called P to tell them the deal was off. P sued for specific performance on the oral contract.

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