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

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.

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