Hog Heaven Corp. v. Midland Farm Management Co.

DONIELSON, Presiding Judge.

The plaintiff corporation, Hog Heaven, brought a suit alleging breach of contract. The contract was signed by Hog Heaven’s promoter and incorporator, acting as the president of Hog Heaven; however, at the time the contract was signed, Hog Heaven’s articles of incorporation had not yet been filed.

The defendant was granted a summary judgment on the ground Hog Heaven lacked capacity to enforce the contract because Hog Heaven did not yet exist as a corporation at the time the contract was executed. Hog Heaven has appealed from the summary judgment, contending it can…