Taylor v. Johnston Case Brief Summary | Law Case Explained

Taylor v. Johnston | 539 P.2d 425 (1975)

What happens when you try to break a promise but the other person won’t take no for an answer? If a contract is involved and you decide to keep your promise after all, you may have nullified an anticipatory breach. In Taylor versus Johnston, the California Supreme Court considered that very situation.

Elizabeth and Ellwood Johnston raised and raced horses and wanted to breed two of their mares, Sunday Slippers and Sandy Fork, with a stallion named Fleet Nasrullah that was owned by H. B. Taylor. To consummate the arrangement, the Johnstons and Taylor entered into two contracts, one for each mare, which committed Fleet Nasrullah to perform breeding services sometime during 1966.

In October 1965, Taylor sold Fleet Nasrullah to A. G. Pessin and Leslie Combs and sent the horse from California to Kentucky. Taylor wrote the Johnstons to inform them that they were released from their stud service reservations with Fleet Nasrullah. The Johnstons insisted that Fleet Nasrullah fulfill his obligations. So, Taylor made arrangements for the mares to meet Fleet Nasrullah in Kentucky. In January 1966, the Johnstons shipped their horses to Kentucky. At that time, however, both Sunday Slippers and Sandy Fork were pregnant and couldn’t breed until after they delivered. Sunday Slippers foaled on April 17th, and Clinton Frazier, the Johnstons’ representative, immediately contacted Pessin to arrange a breeding appointment. Frazier was told to contact Mrs. Judy, who handled Fleet Nasrullah’s calendar. Frazier contacted Mrs. Judy numerous times over the next two months, but she couldn’t fit Sunday Slippers into Fleet Nasrullah’s busy schedule. In response, the Johnstons decided to breed Sunday Slippers with a former Kentucky Derby winner.

Sandy Fork foaled on June 5th, and, again, Frazier contacted Mrs. Judy about a breeding appointment. Mrs. Judy made a reservation but later canceled it. The Johnstons then apparently gave up on the process.
The Johnstons sued Taylor, alleging breach of contract. A bench trial resulted in a verdict for the Johnstons, and they were awarded over $100,000 in damages. Taylor appealed to the California Supreme Court.



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[sahilthedisciple]

I think you have the parties mixed up. Isn't it Taylor that owned the two mares and the Johnston's that owned Fleet Nasrullah?