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

Unfortunately, over the last six months, Sam's Sensational Forest Fruits 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. Chidi and Kaitlyn sue Sam for breach of contract, but Sam claims he is not personally liable and they can only sue the business because the contract is with Sam's Sensational Forest Fruits. Is Sam correct? Why or why not?