Hugo Agreed to Purchase All the Oil Contained in a Tank

Essay

Hugo agreed to purchase all the oil contained in a tank for $1 per litre. He paid a deposit of
$400 and agreed to participate in measuring the quantity contained by the tank. While Hugo and the owner of the tank were walking towards the tank with the measuring equipment the tank burst and the oil was totally lost. The owner's records indicated there were 962 litres in the tank. Who had title to the spilled oil?