This section contains the nature of the case and procedural background.

E.D. Parr (D) signed a sales contract and promissory note with Quaker Hill (P) as president of the Denver Memorial Nursery, Inc. in early May 1958 for a large quantity of nursery stock. P was aware the named corporation was not yet formed, and subsequent orders were in the name, Mountain View Nurseries. This name was chosen after conflicts with other names arose and Mountain View Nurseries filed its articles on May 27, 1958. P agreed to deal with Mountain View Nurseries for the past orders from Denver Memorial Nurseries. Mountain View Nurseries was defunct at the time of the action.

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