Tuesday, December 3, 2013

Taylor v. Johnston case brief

Taylor v. Johnston case brief summary
539 P.2d 425 (1975)

Defendants appealed the judgment of the Superior Court of Los Angeles County (California) awarding plaintiff damages for breach of contract.

Plaintiff horse owner and defendants, breeder and agents, contracted to breed plaintiff's two horses with defendants' stallion. Plaintiff filed suit against defendants for breach of contract claiming that defendant breeder breached the contract when he sold the stallion to defendant agents, and that all defendants breached the contract by failing to breed the horses. The court found for plaintiff based on anticipatory repudiation and awarded damages. Defendants appealed.


  • The court reversed holding that defendant breeder remedied his repudiation by arranging to have defendants agents breed plaintiff's horses and plaintiff agreed to the arrangement. 
  • Defendants had not expressly nor impliedly breached the contracts when plaintiff filed suit because the time for performance had not yet ended. 
  • The fact that plaintiff believed that defendants were not going to follow through on the contract did not establish anticipatory repudiation.

The court reversed, holding that there was no evidence in the record supporting the trial court's findings that defendants repudiated the contract and therefore committed an anticipatory breach.

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