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 North Dakota Complaint for on 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 file a complaint against a party for failing to pay for goods or services that were provided on an open account. This type of complaint is relevant in cases where there is a breach of an oral or implied contract. In North Dakota, there are different types of Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts based on specific circumstances. Some of these variations include: 1. Complaint for Breach of Oral Contract: This type of complaint is filed when there is an oral agreement between the parties, and one party fails to fulfill their obligations to pay for goods or services provided on an open account. 2. Complaint for Breach of Implied Contract: In cases where there is no explicit oral or written agreement, but a contract is implied based on the conduct of the parties, this complaint can be filed. It asserts that the defendant had an obligation to pay for goods or services that were provided on an open account. 3. Complaint for Open Account: This complaint is used when there is a recurring business relationship between the parties, where goods or services are provided on credit, and the defendant has failed to make the required payments. 4. Complaint for Goods Sold and Delivered: This type of complaint is applicable when the plaintiff has provided goods to the defendant, but the defendant has not made payment as agreed upon. 5. Complaint with Stipulation for Attorney's Fees: This version of the complaint includes a stipulation that allows the prevailing party to recover their attorney's fees if they win the case. This is typically included when there is a contractual provision or a state law that allows for the recovery of attorney's fees in breach of contract cases. When filing a North Dakota Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, it is important to consult with an attorney to ensure that the specific circumstances of the case are accurately reflected in the complaint. Additionally, it is crucial to include all relevant details, such as the amount owed, the nature of the oral or implied contract, and any attempts to resolve the issue before filing the complaint.A North Dakota Complaint for on 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 file a complaint against a party for failing to pay for goods or services that were provided on an open account. This type of complaint is relevant in cases where there is a breach of an oral or implied contract. In North Dakota, there are different types of Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts based on specific circumstances. Some of these variations include: 1. Complaint for Breach of Oral Contract: This type of complaint is filed when there is an oral agreement between the parties, and one party fails to fulfill their obligations to pay for goods or services provided on an open account. 2. Complaint for Breach of Implied Contract: In cases where there is no explicit oral or written agreement, but a contract is implied based on the conduct of the parties, this complaint can be filed. It asserts that the defendant had an obligation to pay for goods or services that were provided on an open account. 3. Complaint for Open Account: This complaint is used when there is a recurring business relationship between the parties, where goods or services are provided on credit, and the defendant has failed to make the required payments. 4. Complaint for Goods Sold and Delivered: This type of complaint is applicable when the plaintiff has provided goods to the defendant, but the defendant has not made payment as agreed upon. 5. Complaint with Stipulation for Attorney's Fees: This version of the complaint includes a stipulation that allows the prevailing party to recover their attorney's fees if they win the case. This is typically included when there is a contractual provision or a state law that allows for the recovery of attorney's fees in breach of contract cases. When filing a North Dakota Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, it is important to consult with an attorney to ensure that the specific circumstances of the case are accurately reflected in the complaint. Additionally, it is crucial to include all relevant details, such as the amount owed, the nature of the oral or implied contract, and any attempts to resolve the issue before filing the complaint.
