Caldwell v. Toombs

BRIGHTMIRE, Judge.

To breed or not to breed — that is the question. Did Bob Toombs breach a written contract that required him to furnish the stud services of his quarter horse, Ima Jet Deck, to his brother-in-law’s mares, or were the mares merely snubbed by a stubborn stud? An empaneled jury concluded the breeding pact was breached, and judgment was rendered in favor of Dan Caldwell for $2,600. Toombs appeals.

I

On July 9,1973, the parties entered into a written contract under the terms of which plaintiff Caldwell sold Ima Jet Deck to defendant Toombs in consideration of Toombs’ promise that…