Nature of the Case
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Facts
Ps agreed to promote and manage a baby show. Ps agreed to supply one hundred and twenty prizes and certain printed matter for advertising the show. D agreed to furnish a room in which to hold the show and to pay Ps $600. D claimed that during the middle and latter part of August and early in September 1916, a disease popularly known as infantile paralysis was epidemic in the city of Hartford, and throughout the State of Connecticut. The disease attacked children, and particularly babies and young children, in large numbers. It proved fatal in a large proportion of the cases and permanently crippled many of those afflicted with it. Because of the disease, D called off the show and so notified Ps in the middle of August. Ps sued D for breach of contract. D’s answer pled the epidemic and Ps demurred to the answer. The court overruled the demurrer, and this ruling furnishes the only reason for appeal.
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