Wednesday, June 3, 2009

PARKER OIL COMPANY v. MICO PETRO AND HEATING OIL, LLC. AND KAMAL SINGH

PARKER OIL COMPANY v. MICO PETRO AND HEATING OIL, LLC. AND KAMAL SINGH
No. 399 EDA 2008 2009 PA Super 105 Atlantic: n/a Filed: 6/3/2009

Appeal from the Judgment entered May 1, 2008
In the Court of Common Pleas of Monroe County
Civil No. 1050 CIVIL 2006
Before: ORIE MELVIN, KLEIN, and FITZGERALD,* JJ.
Opinion by: KLEIN, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
Mico Petro and Heating Oil, LLC and Kamal Singh appeal from the judgment entered against them determining that Mico Petro and Singh, personally, are responsible for the failure of the corporation to meet its corporate obligations to pay for oil supplied to it pursuant to contract. The trial court determined Mico Petro and Singh owed $80,790.38 in unpaid invoices, service charges and returned check bank charges. While we agree that Mico Petro is responsible, we disagree that Singh is also liable under the participation theory. Therefore, we reverse that portion of the judgment.
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