WESTERN HILLS, OREGON, LTD. V. PFAU
265 Or. 137, 508 P.2d 201 (1973)
NATURE OF THE CASE: This was an appeal of an order for specific performance. Pfau (D),
purchasers, challenged a decree that ordered specific performance of an agreement with P,
owner, to purchase real property.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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