E. Shepherdstown Developers, Inc. v. J. Russell Fritts, Inc.

NEELY, Chief Justice:

This case is based on a contract by which appellant (hereinafter “plaintiff”) contracted to purchase ten acres along with an option for an additional 40 acres. A clause in the contract made the entire purchase and option agreement contingent on the plaintiff’s gaining Planning Commission approval of a 90-unit town-house development on the ten-acre parcel. Plaintiff waited forty months before offering to close on the initial 10 acres, and when appellee refused to close, brought suit for specific performance.

Defendant claimed that the contract was unenforceable due to an…