Taylor v. Johnston
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Taylor v. Johnston | |
Court | California Supreme Court |
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Citation | 539 P.2d 425, 15 Cal. 3d 130, 123 Cal. Rptr. 641 |
Date decided | September 2, 1975 |
Facts
- "Taylor" = a man who raised and raced horses = plaintiff
- Taylor wanted to breed 2 of his mares (female horses)
- Nasrullah = name of a stallion (male horse)
- Johnston = owner of Nasrullah (the stallion) = defendant
- Taylor & Johnson entered into 2 contracts: 1 for each mares to breed with the stallion
- The contracts specified that the stallion would breed with each mare in 1966
- However, in October 1965, Johnson sold his stallion to a 3rd party whereupon the stallion was shipped from California to Kentucky; consequently, it would have been impossible to perform the breeding in California with the 2 mares in 1966
- Next, Johnston (stallion owner) Taylor (mares owner) about the sale
- Taylor demanded that the stallion breed with the mares (even though the stallion was in Kentucky by then)
- So, Johnston arranged for the 2 mares to meet the stallion in Kentucky
- In January 1966, Taylor shipped his 2 mares to Kentucky for breeding
- To complicate the matter, both mares were pregnant when they arrived in Kentucky & couldn't breed successfully until they have given births to their foals (young horses)
- After 1 mare gave birth, arrangements couldn't be made for her to breed with the stallion in Kentucky
- So, Taylor decided to breed his mare with another stallion (not Nasrullah) in Kentucky
- When his 2nd mare gave birth, Taylor once again tried to arrange breeding with the Stallion Nasrullah without success; so, Taylor bred his 2nd mare with another stallion in Kentucky
Procedural History
- Taylor sued Johnston back in California for breach of contract.
- Taylor was awarded over $100,000 in damages.
Issues
May a promisor's repudiation of a contract before the time that performance is due be nullified?
Holding
Yes. A promisor's repudiation of a contract may be nullified if the non-breeding party disregards the repudiation & the promisor retracts the repudiation prior to the time that performance is due.
Judgment
Reversed
Reasons
- The promisor (Johnston who owned the stallion) repudiated the contract ahead of time.
- The Johnston retraction and reluctant agreement to allow his stallion to breed with the 2 mares in Kentucky nullified Johnston's repudiation of the contract.
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