Norman was organizing a new corporation: Collins Home Construction Co.

Fairchild knew the corporation was not yet formed but made a contract by which he agreed to sell certain goods to Collins. The corporation was later organized and ratified the contract that Norman had made with Fairchild.

Fairchild, however, did not perform the contract and was sued by Collins.

Fairchild raised the defense that he had never made any contract with Collins and that a corporation that did not exist could not have made a contract. Were these defenses valid?

AppendixLO1