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Corporations Keyed to O’Kelley
K.C. Roofing Center v. On Top Roofing, Inc.
Citation:
807 S.W.2d 545 (1991)Facts
Russell Nugent Roofing, Inc. was incorporated on March 24, 1977. Russell and his wife Carol Nugent were the sole shareholders, officers and directors of the corporation. The corporation’s name was changed to On Top Roofing, Inc. The Nugents continued to do business as on Top until when On Top ceased doing business and RNR, Inc. was incorporated. From April through August 17, 1987, KCRC advanced $45,000 in roofing supplies to On Top. When On Top failed to pay for the supplies, KCRC filed suit and sought to pierce the corporate veil and have Russell and Carol Nugent personally satisfy the debt. J & S Toll Fastener, Inc. got a default judgment against On Top in 1986. Nugent testified that he did not recall whether On Top had any money in 1986 and had no idea why J & S Toll Fastener was not paid. Plaintiffs filed suit against On Top Roofing, Inc. and Russell and Coral Nugent to recover damages for unpaid roofing supplies delivered to On Top. KCRC and Lumberman’s sought to pierce the corporate veil of on Top and hold Russell and Caral Nugent personally liable for the debts incurred by On Top.
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