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.
Tennessee 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 filed in Tennessee state court to seek recovery for goods sold and delivered on an open account. This type of complaint is relevant when there has been a breach of oral or implied contracts between two parties, usually involving the sale and delivery of goods. In this complaint, the plaintiff, who could be a supplier or creditor, alleges that they provided goods or services to the defendant, and the defendant has failed to make payment for those goods as agreed upon. The complaint outlines the timeline and specifics of the transactions, including the nature of the goods sold and delivered, the agreed-upon price, and any terms or conditions governing the sales. The complaint also includes a stipulation for attorney's fees, which means that if the plaintiff successfully prevails in the lawsuit, the defendant would be responsible for paying the plaintiff's attorney's fees as a part of the judgment. There may be variations of Tennessee Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, depending on the specific circumstances and legal claims involved. Some possible variations may include: 1. Tennessee Complaint for Breach of Implied Contracts for Goods Sold and Delivered: This type of complaint focuses specifically on the breach of an implied contract, where the terms of the agreement were not explicitly stated but can be inferred from the conduct and actions of the parties. 2. Tennessee Complaint for Breach of Oral Contracts for Goods Sold and Delivered: This complaint highlights the breach of an oral contract, where the terms of the agreement were verbally agreed upon by the parties involved but were not put into writing. 3. Tennessee Complaint for Open Account for Services Rendered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: This type of complaint is similar to the one mentioned earlier, but it applies to services rendered rather than goods sold and delivered. 4. Tennessee Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Contract and Fraud: This variation involves an additional claim of fraud, alleging that the defendant intentionally made false representations or concealed material information during the transaction. Remember, the specific content and wording of a complaint may vary depending on individual circumstances and the advice of legal professionals. It is essential to consult an attorney to ensure accuracy and compliance with relevant laws and regulations.Tennessee 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 filed in Tennessee state court to seek recovery for goods sold and delivered on an open account. This type of complaint is relevant when there has been a breach of oral or implied contracts between two parties, usually involving the sale and delivery of goods. In this complaint, the plaintiff, who could be a supplier or creditor, alleges that they provided goods or services to the defendant, and the defendant has failed to make payment for those goods as agreed upon. The complaint outlines the timeline and specifics of the transactions, including the nature of the goods sold and delivered, the agreed-upon price, and any terms or conditions governing the sales. The complaint also includes a stipulation for attorney's fees, which means that if the plaintiff successfully prevails in the lawsuit, the defendant would be responsible for paying the plaintiff's attorney's fees as a part of the judgment. There may be variations of Tennessee Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, depending on the specific circumstances and legal claims involved. Some possible variations may include: 1. Tennessee Complaint for Breach of Implied Contracts for Goods Sold and Delivered: This type of complaint focuses specifically on the breach of an implied contract, where the terms of the agreement were not explicitly stated but can be inferred from the conduct and actions of the parties. 2. Tennessee Complaint for Breach of Oral Contracts for Goods Sold and Delivered: This complaint highlights the breach of an oral contract, where the terms of the agreement were verbally agreed upon by the parties involved but were not put into writing. 3. Tennessee Complaint for Open Account for Services Rendered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: This type of complaint is similar to the one mentioned earlier, but it applies to services rendered rather than goods sold and delivered. 4. Tennessee Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Contract and Fraud: This variation involves an additional claim of fraud, alleging that the defendant intentionally made false representations or concealed material information during the transaction. Remember, the specific content and wording of a complaint may vary depending on individual circumstances and the advice of legal professionals. It is essential to consult an attorney to ensure accuracy and compliance with relevant laws and regulations.
