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K was a real estate salesman. K sold to D, a general partnership, an apartment building that needed extensive renovation. K represented that he personally
K was a real estate salesman. K sold to D, a general partnership, an apartment building that needed extensive renovation. K represented that he personally had experience in renovation work. During the course of negotiations on a renovation contract, K informed the managing partner of D that he would be forming a corporation to do the work. A contract was executed in August between D and "X Corp. (In Formation), K, President." The contract required the renovation work to be completed by October 15. K immediately subcontracted the work, but the renovation was not completed on time. D also found that the work that was completed was of poor quality. K did not file the articles of incorporation for his new corporation until November 1. The partners of D sued K to hold him liable for the renovation contacts. K denied personal liability? Is K personally liable? Why or why not? K was a real estate salesman. K sold to D, a general partnership, an apartment building that needed extensive renovation. K represented that he personally had experience in renovation work. During the course of negotiations on a renovation contract, K informed the managing partner of D that he would be forming a corporation to do the work. A contract was executed in August between D and "X Corp. (In Formation), K, President." The contract required the renovation work to be completed by October 15. K immediately subcontracted the work, but the renovation was not completed on time. D also found that the work that was completed was of poor quality. K did not file the articles of incorporation for his new corporation until November 1. The partners of D sued K to hold him liable for the renovation contacts. K denied personal liability? Is K personally liable? Why or why not
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