Contracts Keyed to Murphy
Taylor v. Johnson
Facts
Plaintiff and Defendant made a contract to breed Plaintiff’s mares, Sunday Slippers and Sandy Fork, with Defendant’s stallion, Fleet Nasrullah. This contract was formed in 1965. The breeding was to take place during the summer of 1966. In October, 1965, Defendants sold Fleet Nasrullah and shipped him to Kentucky where the new owners sold share of breeding time with him, entitling the owners to breed one mare with him each season. Defendant wrote Plaintiff a letter informing that he sold Fleet Nasrullah and “releasing” Plaintiff from their contract. Defendant demanded that Plaintiff fulfill the contract. The new owners of Fleet Nasrullah made several attempts to arrange to breed the mare with him, but it never can to pass. Before the end of the summer, Plaintiff gave up and brought suit against Defendant.
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