Homeowners jim and lisa criss hired kevin pappas, doing business as outside creations, to undertake a landscaping project. kevin signed the parties' contract as "outside creations rep." the crisses made payments on the contract with checks payable to kevin, who deposited them in his personal account. there was no outside creations account. later, alleging breach of contract, the crisses filed a suit in a state court against pappas. the defendant contended that he could not be liable because the contract was not with him personally. he claimed that he was the agent of forever green landscaping and irrigation, inc., which had been operating under the name "outside creations" at the time of the contract and had since filed for bankruptcy. the crisses pointed out that the name "forever green" was not in the contract. should pappas be liable on this contract?