![]() Judy who had charge of booking the breedings and had handled these matters with Frazier in the past. On April 26, the ninth day after the foaling, Frazier, upon further inquiry, was told by Dr. The latter assured Frazier that he would make the necessary arrangements to breed the mare to Fleet Nasrullah. On April 17, 1966, Sunday Slippers foaled and Frazier immediately notified Dr. Succeeding heat periods occur every 21 days. The first heat period normally occurs nine days, and the second heat period thirty days, after foaling. At that time, however, both mares were in foal and could not be bred, since this can occur only during the five-day period in which they are in heat. In January 1966 plaintiff shipped Sunday Slippers and Sandy Fork to Elmhurst Farm. 3 However, plaintiff later learned that the mares could not be boarded at Spendthrift Farm where Fleet Nasrullah was standing stud and accordingly arranged with Clinton Frazier of Elmhurst Farm to board the mares and take care of the breeding. On October 27, defendants advised plaintiff by letter that arrangements had been made to breed the two mares to Fleet Nasrullah in Kentucky. Receiving no answer, plaintiff's attorney on October 19 wrote a second letter threatening suit. 2 Unable to reach defendants by telephone, plaintiff had his attorney write to them on October 8, 1965, insisting on performance of the contracts. On the same day defendants wrote to plaintiff advising the latter of the sale and that he was "released" from his "reservations" for Fleet Nasrullah. Combs and Pessin each reserved three shares. ![]() Subsequently Combs and Pessin syndicated the sire by selling various individuals 36 or 38 shares, each share entitling the holder to breed one mare each season to Fleet Nasrullah. Pessin and Leslie Combs II for $1,000,000 cash and shipped the stallion to Kentucky. On October 4, 1965, defendants sold Fleet Nasrullah to Dr. If the stud fee was paid in full and the mares failed to produce a live foal (one that stands and nurses without assistance) from the breeding a return breeding would be provided the following year without additional fee. The contract provided that Fleet Nasrullah was to perform breeding services upon the respective mares in the year 1966 for a fee of $3,500, payable on or before September 1, 1966. We set forth in the margin the contract covering Sunday Slippers. Except for the mare involved the contracts were identical. To that end, on January 19 plaintiff and defendants entered into two separate written contracts - one pertaining to Sunday Slippers and the other to Sandy Fork. In January 1965 plaintiff sought to breed his two thoroughbred mares, Sunday Slippers and Sandy Fork to defendants' stallion Fleet Nasrullah. ![]() Defendants were engaged in a similar business, and operated a horse farm in Ontario, California, where they furnished stallion stud services. Plaintiff was engaged in the business of owning, breeding, raising and racing thoroughbred horses in Los Angeles County. Taylor and against them in the amount of $132,778.05 and costs. In this action for damages for breach of contract defendants Elizabeth and Ellwood Johnston, individually and as copartners doing business as Old English Rancho, appeal from a judgment entered after a nonjury trial in favor of plaintiff H. ![]() Wolf for Plaintiff, Cross-defendant and Respondent. Weiss, John Onesian, Long & Levit and Richard B. Robbins and Amici Curiae on behalf of Defendants, Cross-complainants and Appellants. Iverson, Yoakum, Papiano & Hatch, Neil Papiano and Donald M. Call for Defendants, Cross-complainants and Appellants. Courtney, Gibson, Dunn & Crutcher, Robert Forgnone and Wayne W. Opinion by Sullivan, J., expressing the unanimous view of the court.) JOHNSTON et al., Defendants, Cross-complainants and Appellants TAYLOR, Plaintiff, Cross-defendant and Respondent, v.
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