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Buyer (D) and seller (P) entered a contract for the sale of land which, as P knew, D intended to use for a storage plant for ice cream and frozen fruit. At the time the contract was made, the land was zoned for business use. However, before the time set for closing, the city rezoned the property such that it could be used only for residential purposes. The parties agree that there was no fraud or misrepresentation involved in the transaction. D refused to complete the contract, and P sued for specific performance. The court denied specific performance and P appeals.

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