Taylor v. Johnston, 15 Cal.2d 130 (1975) p750.

performance and breach: repudiation

very involved. see page 756 for synopsis.

Action for damages for breach of contract. Johnston appeals from a judgement entered after a non-jury trial in favor of Taylor and against Johnston in the amount of $132,778.05 and costs.

There can be no actual breach of a contract until the time specified therein for performance has arrived.

As a matter of law this conduct did not amount to an unequivocal refusal to perform and therefore did not constitute an anticipatory breach of the contract covering both horses.