An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Connecticut Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts When individuals or businesses fail to pay for goods that have been sold and delivered, a legal action may be pursued to recover the outstanding amount. In Connecticut, one such legal document used for this purpose is the "Connecticut Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts." This complaint is specifically designed to address cases where there is a breach of oral or implied contracts related to the sale and delivery of goods. A Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal remedy available in Connecticut when a party has delivered goods to another party, but the latter fails to make the payment as agreed upon. This document is typically filed by the seller, known as the plaintiff, who seeks to recover the outstanding amount owed for the goods provided. The key purpose of this complaint is to establish the existence of an oral or implied contract between the plaintiff and the defendant, and to bring attention to the defendant's failure to honor their contractual obligations. In this type of complaint, the plaintiff must provide a detailed account of the goods sold and delivered, including their quantity, quality, and agreed-upon price. It is also essential to outline the dates and locations of these transactions to establish a clear timeline of events. Additionally, the complaint includes a stipulation for attorney's fees, which allows the plaintiff to seek reimbursement for the legal expenses they incur in pursuing this matter. This provision is particularly important as it incentivizes prompt and full payment by the defendant, knowing that they may be liable for the plaintiff's attorney's fees if they are found to be in breach of the contract. It should be noted that there may be variations of the Connecticut Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees, specifically tailored to different scenarios. Some possible variations may include: 1. Connecticut Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Written Contracts: This type of complaint addresses cases where the contract for the sale and delivery of goods is in written form, rather than being oral or implied. 2. Connecticut Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Warranty: This complaint focuses on situations where the defendant has not only breached the payment terms but has also failed to fulfill the implied warranty associated with the goods delivered. In conclusion, the Connecticut Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts is a legal document used to initiate a lawsuit when a party fails to pay for goods sold and delivered. By filing this complaint, the plaintiff seeks to recover the outstanding amount and obtain legal representation fees. Different variations of this complaint may exist depending on the nature of the sales agreement or breach involved.
