Kentucky Derby Dreaming (KDD) horse partners form a contract with Alpha Stud in Lexington, KY to breed their Thoroughbred mare, Just Beautiful, to Alpha Stud's top Thoroughbred stallion, I'm Frisky. The contract states that the fee for the breeding is not due unless and until Just Beautiful delivers a live foal that can stand and nurse. (LFSN) When the foal is born, he is small and weak and cannot stand without assistance. The foaling man who delivered him helps him up to nurse off the mare, Just Beautiful. Once the baby nurses a few times-with Charley, the foaling man, holding him up-the baby can stand without assistance. However, the foal does not thrive and on the advice of the veterinarian, he is euthanized. Alpha Stud presents its bill for the stud services of I'm Frisky.

Questions: 1. Do the KDD partners have to pay the stud fee? 2. Did risk of loss pass to the horse partners at any time up to the foal being euthanized? 3. Would parol evidence be of any help here? If yes-what parol evidence would you use to decide if the partners have to pay the stud fee?