Mark Minor owns a unique property in the Town of Leitch. Several appraisers have stated that no other property in the vicinity is comparable in terms of either size or features. The lot is very large and, unusually for a suburban property, it features a large stand of trees, as well as a permanent pond. The property is located at the end of a paved road and therefore experiences little traffic. Despite all of those benefits, however, the property has attracted very few potential buyers. Aside from the fact that the economy is in recession, it is well known within the community that the property previously was used as an abattoir and that it contained a blood pit at the site where a slaughterhouse once existed. Mark Minor therefore was delighted, four years ago, when Ann Hoover agreed to purchase the property for $150 000. Their contract contained two important paragraphs:

2(a) This sale is conditional upon the vendor obtaining planning permission to allow for a residential dwelling to be built upon the property. Failure to satisfy this condition before the date of closing will render the agreement null and void.

3 The vendor at their own cost and expense shall locate, empty, and fill with sand any blood pit now existing on the property.

Prior to the closing date, Mark Minor obtained the required planning permission. Also before the closing date, he removed the blood pit from the property and filled in the resulting hole with fresh landfill. When the closing day arrived, however, Ann Hoover refused to complete the sale. She relied on the fact that, contrary to paragraph 3, Mark Minor did not "empty and fill with sand any blood pit." He removed it instead. Mark Minor explains that he eliminated the problem by an even more effective process and that he is entitled to specific performance of the agreement. He also suggests that Hoover's real reason for refusing to close the sale stems from the fact that, because of market conditions, the property is now worth only $110 000. How would a court most likely resolve the dispute? Explain your answer.