EXXON CORPORATION v. International Concrete Corp.

REILLY, Chief Judge:

This is an appeal from a directed verdict in an action by a company, which issues credit cards honored by specified filling stations, to recover an unpaid balance from a cardholder in the amount of $2,624.60. At the conclusion of plaintiff’s evidence, the trial court ruled that a demand for payment was an essential element to prove liability and that by neglecting to present proof of such demand, plaintiff had failed to establish a prima facie case.

On appeal, plaintiff contends that it did sustain this burden by introducing microfilmed copies of monthly statements it…