Crisses made payments on contract with checks payable

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Homeowners Jim and Lisa Criss hired Kevin and Cathie Pappas, doing business as Outside Creations, to undertake a landscaping project. Kevin signed the parties' contract as "The Crisses made payments on the contract with checks payable to Kevin, who desposited them in his personal account- there was no Outside Creations account. Later, alleging breach of contract, the Crisses filed a suit in a Georgia state court against the Pappases. The defendants contened that they could not be liable because the contract was not with the personally. They claimed that they were the agents of Forever Green Landscaping and Irrigation, Inc., which had been operating under the name "Outside Creation" at the time of the contract and has since filed fro bankruptcy. The Crisses pointed out that the name "Forever Green" was not in the contract. Can the Pappases be liable on this contract? Why or why not?

Reference no: EM131034498

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