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Dan Is a Promoter for the Soon-To-Be-Incorporated Firm of E-Business,Inc

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Dan is a promoter for the soon-to-be-incorporated firm of E-Business,Inc.Dan signs a contract with Smith & Jones,Accountants,to render their services before E-Business is incorporated and for one year after the in?corporation.E-Business is incorporated.Three months later,after Smith & Jones has continued performing under the contract,the E-Business board of directors tells the accountants that it is canceling their con?tract.Smith & Jones files a suit against Dan and E-Business,alleging breach of contract.Will Smith & Jones prevail?

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