While they have been able to find another dairy to supply their cream cheese, Clint and Carlina seem to have no end of back luck. Benedict's Berry Bonanza is Clint and Carlina's berry supplier. Clint and Carlina have a contract with Benedict's Berry Bonanza to provide a weekly delivery of plump, juicy berries that they use to make the tantalizing sauces that complement their cheesecakes. Benedict is the only owner of Benedict's Berry Bonanza and Benedict has not filed any business formation paperwork with the Secretary of State.

Unfortunately, over the last six months, Benedict's Berry Bonanza has not been able to consistently deliver berries as contracted. Some weeks the berries are delivered as promised, some weeks the berries are late and/or rotten, and some weeks the berries are just nowhere to be found. Clint and Carlina sue Benedict for breach of contract, but Benedict claims he is not personally liable and they can only sue the business because the contract is with Benedict's Berry Bonanza. Is Benedict correct? Why or why not?