Earls Mail Service v. Toone
Earls Mail Service, Inc. (EMS) sought over $920,000 in damages from Lawrence O. Toone, and two corporations apparently owned by Toone, through a complaint alleging only common counts. After a court trial, EMS was awarded damages of $720,955 against Toone alone. Toone appeals contending the judgment lacks legal and factual bases. We agree in part. We shall reverse the portion of the judgment that awards damages for unpaid payroll and income tax liability, the assessed payroll tax penalty, accounting fees, and money due from Jerrys Delivery Service. Court shall affirm the remaining portion of the judgment.
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