Berkel & Co. Contractors v. Jem Development Corp.

HOLSTEIN, Judge.

Appellant Berkel & Company Contractors, Inc. (Berkel) filed an action based upon contract and quantum meruit alleging it had performed services under a contract with Respondent JEM Development Corporation (JEM) for which it had not been paid. Following a jury verdict for Berkel, the trial court entered a judgment notwithstanding the verdict in favor of JEM. The basis of the court’s judgment was that Berkel had failed to prove its legal existence as a corporation.

On appeal, the claim is made that the trial court erroneously placed the burden of proof on Berkel to prove its…