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

P and D entered into a contract in writing. P agreed to purchase and D agreed to sell at least one hundred and seventy-five quarts of milk each day from April 1st, 1914, to April 1st, 1915. By an order of the Commissioner of Domestic Animals for the State, all D's cattle and products from his farm were quarantined. D was quarantined and he was not allowed to go from the premises. Shortly after the quarantine order, all the cows on the farm were killed. The farm was infected with hoof and mouth disease. D failed to furnish, or offer to furnish, milk for the balance of the contract. P sued D and obtained a judgment. D appealed.

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