Editing Southern-Gulf Marine Co. v. Camcraft

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{{Infobox Case Brief
 
|court=
|citation=
|date=April 3, 1974
|subject=Business Associations
|appealed_from=
|overturned=
|partially_overturned=
|reaffirmed=
|questioned=
|criticized=
|distinguished=
|cited=
|followed=
|related=
|facts=SGM contracted w/ Camcraft to purchase a 156 supply vessel. The K was a form K from Camcraft. K had a provision that said the owner (SGM) was a citizen of the US within meaning of Shipping act of 1916. SGM later told Camcraft that they were a corporation of Cayman Isles of British West Indies, and that would ratify, confirm, and adopt the K. Camcraft defaulted on K obligation.
|procedural_history=Trial judge held that K needs 2 parties, and SGM was incorporated after signing day of K, so K invalid, and was not a Texas Corp.
|issues=Can K be found invalid because there was no such Corp. in existence at the time of signing?
|arguments=
|holding=No, D still made agreement & intended to enter into a K.
|judgment=
|reasons=Where a party has contracted with a corporation, and is sued upon the K, neither is permitted to deny the existence . . . of such corp." If situation was reversed and SMG tried to get out of K, Camcraft could hold them to it.
|rule=
|comments=
|case_text_links=
|Court_opinion_parts=
}}
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