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McArthur (P) contracted to serve as an advertising solicitor with the promoters of Times Publishing Co. (D) for one year starting on October 1, 1889. P was discharged in April of 1890. The corporation was not formed until October 16, 1889, even though a paper was published and P began his duties on October 1. All stockholders, directors, and officers knew of his contract when the corporation was formed and no one objected to or repudiated it.

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