posted by Darwin on .
Sam sold his horse to Ben for $4000. No date or consideration was stipulated for the delivery of the horse. While still in the possession of Sam, the horse gave birth to a colt. Who has the right to the colt?
Sam still has the right to the colt since NO DATE OR CONSIDERATION was agreed upon BEFORE the colt was born. This means that the OBLIGATION TO DELIVER the horse has NOT YET ARISEN and Ben has no right to the "fruits" of the object of the contract.
HOWEVER, if a date/consideration has been agreed upon before the colt was born then, by law, Ben has the right to own the colt as well because by agreeing upon a date/consideration the obligation to deliver would have arisen and in effect gave Ben the right to the "fruits" of the object of the contract.
*** hope this helps ***