Corporation—Liability op Stockholder—Contract por Purchase op Goods—Future Delivery—Accrual of Liability.—Under section 3 of article XII of the constitution, and section 322 of the Civil Code, making a stockholder individually liable for a proportionate part of the “debts and liabilities” of the corporation “contracted or incurred during the time he was a stockholder,” the liability of stockholders to pay their proportionate parts of an indebtedness of the corporation arising out of an executory agreement of the corporation to purchase certain goods at an agreed price, which goods were subsequently delivered to and accepted by it, attached to the stockholders owning stock in the corporation at the time the contract was made, and not to those who were stockholders at the time the goods were delivered.

Id.-—Creation op Corporate Liability Determines Liability op Stockholders.—The “liability” of the corporation for which the stockholders are so made proportionately liable is created when a contract binding on it is made by the corporation, independent of any question as to whether that “liability” is absolute or contingent or as to when the right to enforce it may accrue; and those who are stockholders when the “liability” is created or incurred are alone liable in any actions arising from its breach.

Id.—Statute of Frauds—Acceptance op Goods Sold by Purchaser-Validation op Contract.—The delivery to and acceptance by the purchaser of goods under a parol contract of purchase and- sale which was within the statute of frauds when made, relates back to and operates upon the contract so as to validate it as of the date it was originally entered into.

Id.—Pleading Contract op Purchase by Corporation.—The creditor, seeking to enforce the liability of the stockholders created by such contract, cannot question its validity under the statute of frauds, where the complaint expressly pleaded and relied on the contract as the basis of its cause of action against the stockholders.

Id.—Evidence—Findings—Delivery Under Contract.—Such creditor cannot question the sufficiency of the evidence to sustain a finding that all the goods delivered to the corporation were delivered under such contract, when it averred that fact in the complaint.