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 Montana Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document that serves as a formal complaint in a breach of oral or implied contract case where goods have been sold and delivered. This type of complaint seeks to obtain payment for goods or services provided and may include a stipulation for attorney's fees. Here are some relevant points to consider when filing this type of complaint in Montana: 1. Title: The title of the document should clearly state "Montana Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts." 2. Background: The complaint should provide a brief overview of the nature of the case, describing the sale and delivery of goods or services from the plaintiff to the defendant. It should explain that a valid oral or implied contract was formed between the parties. 3. Parties involved: Clearly identify the plaintiff (the party bringing the complaint) and the defendant (the party alleged to have breached the contract). Include their legal names, addresses, and contact information. 4. Breach of contract allegations: Outline the specific terms and conditions of the oral or implied contract, including the agreed-upon price, quantity, and quality of goods or services. Detail how the defendant breached the contract, such as by failing to pay for the goods or services delivered. 5. Open account: Explain that an open account was created for the defendant, detailing the transactions made, the original credit limit, and any subsequent charges or credit adjustments. Include an itemized statement of account showing the balance owed. 6. Stipulation for attorney's fees: Include a separate section or paragraph stating that the plaintiff is entitled to attorney's fees in the event of a successful lawsuit. This provision should reference relevant Montana statutes or case law that supports the claim for attorney's fees. 7. Prayer for relief: Clearly state the specific relief sought, which typically includes a demand for the amount owed for the goods or services sold and delivered. Additionally, request attorney's fees, costs, and any other appropriate damages or relief the court may deem just and proper. It's important to note that while this description covers the basic elements of a Montana Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, individual cases may vary. Different variations or subtypes of this complaint may exist depending on the specific circumstances of the case or any unique legal arguments or theories alleged by the plaintiff. It is advisable to seek legal counsel or consult relevant legal resources to ensure the complaint is tailored correctly to the specific case at hand.A Montana Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document that serves as a formal complaint in a breach of oral or implied contract case where goods have been sold and delivered. This type of complaint seeks to obtain payment for goods or services provided and may include a stipulation for attorney's fees. Here are some relevant points to consider when filing this type of complaint in Montana: 1. Title: The title of the document should clearly state "Montana Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts." 2. Background: The complaint should provide a brief overview of the nature of the case, describing the sale and delivery of goods or services from the plaintiff to the defendant. It should explain that a valid oral or implied contract was formed between the parties. 3. Parties involved: Clearly identify the plaintiff (the party bringing the complaint) and the defendant (the party alleged to have breached the contract). Include their legal names, addresses, and contact information. 4. Breach of contract allegations: Outline the specific terms and conditions of the oral or implied contract, including the agreed-upon price, quantity, and quality of goods or services. Detail how the defendant breached the contract, such as by failing to pay for the goods or services delivered. 5. Open account: Explain that an open account was created for the defendant, detailing the transactions made, the original credit limit, and any subsequent charges or credit adjustments. Include an itemized statement of account showing the balance owed. 6. Stipulation for attorney's fees: Include a separate section or paragraph stating that the plaintiff is entitled to attorney's fees in the event of a successful lawsuit. This provision should reference relevant Montana statutes or case law that supports the claim for attorney's fees. 7. Prayer for relief: Clearly state the specific relief sought, which typically includes a demand for the amount owed for the goods or services sold and delivered. Additionally, request attorney's fees, costs, and any other appropriate damages or relief the court may deem just and proper. It's important to note that while this description covers the basic elements of a Montana Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, individual cases may vary. Different variations or subtypes of this complaint may exist depending on the specific circumstances of the case or any unique legal arguments or theories alleged by the plaintiff. It is advisable to seek legal counsel or consult relevant legal resources to ensure the complaint is tailored correctly to the specific case at hand.
