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.
A Delaware Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document filed in the state of Delaware to address a breach of contractual agreement, either oral or implied, between two parties related to the sale and delivery of goods. This complaint seeks to recover outstanding payments for goods sold and delivered while also including a stipulation for attorney's fees. Keywords: Delaware, complaint, open account, goods sold and delivered, stipulation, attorney's fees, breach, oral contracts, implied contracts. There are different variations of the Delaware Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, which may include: 1. Delaware Complaint for Breach of Oral Contracts — Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees: This type of complaint is filed when there is a breach of an oral contract between two parties for the sale and delivery of goods on an open account basis, including a stipulation for attorney's fees. 2. Delaware Complaint for Breach of Implied Contracts — Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees: This complaint is used when there is a breach of an implied contract, wherein the terms of the agreement are not explicitly stated in writing, for the sale and delivery of goods on an open account basis. It also includes a stipulation for attorney's fees. Both variations of the Delaware Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees are designed to assist the plaintiff in recovering the outstanding payments for goods sold and delivered, and also to cover any legal costs incurred during the process. It is crucial for the plaintiff to provide detailed information regarding the nature of the agreement, goods sold, amounts owed, and any communication or evidence supporting the case. Note: The information provided here is for general informational purposes only and should not be considered legal advice. It is recommended to consult with a qualified attorney specialized in Delaware law for specific guidance regarding your situation.
