This section contains the nature of the case and procedural background.

Taylor (P) was engaged in the business of breeding and raising thoroughbred horses. D was engaged in a similar business wherein D furnished stallion stud services. P sought to breed two mares to D's stallion Fleet Nasrullah. P and D entered into two separate agreements in which each provided that Fleet Nasrullah was to perform breeding services in 1966 for $3,500 payable on or before September 1, 1966. If the stud fee was paid in full and the mares failed to produce a live foal from the breeding, a return breeding would be provided the following year without additional fee. On October 4, 1965, D sold Fleet Nasrullah and shipped the stallion to Kentucky. The horse was syndicated, and 36-38 shares were sold with each share entitling the owner to breed one mare each season to Fleet Nasrullah. The buyers each reserved three shares. D refused to perform the contract with P until P wrote a letter threatening suit. Arrangements were made to breed. Attempts were made to breed but were unsuccessful in that the other shareholders held prior commitments. Both of the mares were bred to a Kentucky Derby winner. Shortly after breeding with that horse, it was discovered that both mares were pregnant with twins. P sued D for breach of contract. The court found for P and D appealed the $132,778.05 verdict.

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