$[$Horse Tracks$]$ Min$-$ji$,$ Marcus, and Penelope decided to form a corporation called Horse Tracks to raise horses. They all began the incorporation process by arranging for necessary capital and financing. They raised capital from their friends by making deals whereby their friends would purchase stock in the new corporation. After the corporation was formed, a problem arose with a contract for feed that Min$-$ji$,$ Marcus, and Penelope had entered into while organizing the corporation. Callie, the seller of the feed, claimed that she had not been fully paid and threatened to sue the corporation. The contract Min$-$ji$,$ Marcus, and Penelope had with Callie did not reference liability after the new corporation came into legal existence. Min$-$ji$,$ Marcus, and Penelope asked for a n$$vation$,$ but were uncertain as to whether that would occur.

If Callie sues Min$-$ji$,$ Marcus, and Penelope for unpaid amounts without a novation in place, what would be the most likely result?

Callie would likely win unless it can be established that the new corporation is making a profit and is able to pay her.

Callie would likely win because courts generally hold promoters liable and rule that preincorporation contracts do not bind the new corporation.

Callie would likely win unless it can be established that the new corporation was capitalized with at least $$100,000$ and is able to pay her.

Min$-$ji$,$ Marcus, and Penelope will win so long as they can prove that Callie knew that the feed was purchased for a new corporation and not for their personal farm use.

Min$-$ji$,$ Marcus, and Penelope will win unless they have already paid partial