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Osvaldo Was Attempting to Promote a Corporation to Be Named

Question 45

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Osvaldo was attempting to promote a corporation to be named Xavier, Inc. In that capacity, Osvaldo signed a lease in the name of Xavier and ordered furniture in the company's name. The corporation was in fact formed and the board of directors, knowing of the actions of Osvaldo, moved into the space Osvaldo had leased. Upon delivery and inspection of the furniture Osvaldo ordered, numerous defects were discovered, and the furniture was accordingly rejected and returned to the seller. The corporation was not successful, and as a result, the rent was not paid. Osvaldo was sued for the unpaid rent and for breach of contract concerning the furniture. The corporation was sued on the same grounds. Decide the cases against Osvaldo and Xavier, Inc.

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Osvaldo is liable for the lease because ...

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