Law School Case Briefs
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TAYLOR v. JOHNSTON
Supreme Court of California. In Bank (1975) | 15 Cal.3d 130; 539 P.2d 425; 123 Cal. Rptr. 641
TL;DR: A horse owner sold a stallion but arranged for the new owner to honor existing stud service contracts. The court held that the resulting scheduling difficulties did not constitute an anticipatory breach because they were not an unequivocal refusal to perform.
Legal Significance: This case clarifies the high standard for anticipatory repudiation, establishing that conduct making performance merely difficult or uncertain, without rendering it impossible or constituting an unequivocal refusal, is not a repudiation.