Western Hills, Oregon, Ltd. v. Pfau

265 Or. 137, 508 P.2d 201 (1973)

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Nature of the Case

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Facts

Pfau (D) contracted with Western Hills (P) to purchase property. The purchase contract was subject to D's obtaining approval from the McMinnville Planning Commission for a planned development that would satisfy both P and D. D knew that proper sewer systems would not be available for a number of years. D did submit a proposed plan to the Commission but abandoned those efforts because without a sewer system the development would be too expensive. P brought an action for specific performance. The trial court granted P specific performance. D appealed.