Taylor+v+Johnson

Facts
Plaintiff and Defendants are both horse breeders. Plaintiff and Defendant entered in an agreement to breed Plaintiff’s mares with Defendant’s Stallion. Defendant then sold the stallion and shipped it to Kentucky. Plaintiff and Defendant made several attempts to breed the mares with the stallion but the breeding never came to pass.

Held
For there to be anticipatory breach as a matter of law, one party must state, clearly, that they will not perform the contract or make such performance impossible, not, merely, difficult.