Q. Dan is a promoter for the soon-to-be-incorporated organization 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 incorporation. 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 cancelling their con-tract. Smith & Jones files a suit against Dan and E-Business, alleging breach of contract. Will Smith & Jones prevail?