The Conch Oil Company, located at Marathon in the Florida Keys, contracted to sell and to deliver

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The Conch Oil Company, located at Marathon in the Florida Keys, contracted to sell and to deliver 500 barrels of fuel oil on the first of each month for one year to the Monsoon Mushroom Factory, an indoor farm. Conch delivered the oil for the first two months, but only two barrels at the beginning of the third month. Conch said there was unprecedented demand due to hurricane Sunny heading their way and it was allocating available supplies to customers on a pro-rata basis. There was nothing in the contract covering such a circumstance. The hurricane missed Marathon, and the mushroom crop died for want of fuel to help the climate control system keep it at an even temperature and humidity. Monsoon sued Conch. How should Conch defend against the suit? Who would likely win?

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