This is an appeal from a summary judgment in favor of Gillham Advertising Agency, Inc. The undisputed facts are as follows:
(1) There was a Nevada corporation named Bonneville Raceways Park.
(2) Ipson was connected with the Nevada corporation.
(3) Ipson tried to qualify his corporation to do business in Utah, but was unable to do so because there was a Utah corporation by the same name.
(4) That Utah corporation owned a racetrack in Utah.
(5) Ipson leased the racetrack personally and began operating it.
(6) Ipson contacted Gillham Advertising Agency, Inc. to promote the racing activity which he personally was conducting.
(7) Gillham conducted the advertising and advanced money in connection therewith.
(8) When Ipson failed to pay, a written agreement was prepared covering the fees and setting a time and the conditions of payment thereof.
(9) Ipson executed the agreement by signing “Bonneville Raceways by Robert K. Ipson, President.”
(10) The debt was not paid and this action was commenced.
(11) Ipson claims that he formed a Utah corporation by the name of M.S.J. & Associates in the year 1963, and that the Nevada corporation, Bonneville Raceways Park, was doing business in Utah as the M.S.J. & Associates, a Utah corporation.
(12) Bonneville Raceways Park, a Nevada corporation, was suspended in Nevada.
(13) The amount of the debt is not disputed.
There is no question but that the debt is Ipson’s. When he failed to pay, a paper was prepared to set forth with particularity how and when the debt would be paid. That paper did not extinguish the debt owed by Ipson; it merely stated how and under what circumstances it would be paid. There is no evidence or claim that there was a novation whereby the corporation would owe the debt and Ipson would be released from paying it.
It also appears that in signing the paper as he did, Ipson left himself obligated for there was no corporation named Bonneville Raceways of which he was president in Utah; and Ipson claims that the defunct Nevada corporation' named Bonneville Raceways Park (not Bonneville Raceways as he signed) did business in Utah under the name of another corporation, to wit: M.S.J. & Associates, a Utah corporation.
*165By signing the agreement as he did, Mr. Ipson made himself liable even if it had been an original obligation because there was no such corporation of which he was president, (cf. Sec. 16-10-139, U.C.A.1953, as amended).
The judgment is affirmed. Costs are awarded to the respondent.
CROCKETT and HALL, JJ., concur.