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.
Alameda California Complaint for open account refers to a legal document filed by a party in Alameda County, California, to seek resolution for a breach of oral or implied contracts involving goods sold and delivered. This type of complaint often includes a stipulation for attorney's fees, providing the plaintiff with coverage for legal expenses incurred during the dispute. The Alameda California Complaint for open account for goods sold and delivered with stipulation for attorney's fees may vary, depending on the specific circumstances of the case. Here are some possible variations: 1. Alameda California Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contract: This complaint is filed when there is an alleged breach of an oral contract between the parties involved, regarding the sale and delivery of goods on credit. The plaintiff seeks recovery of the outstanding amount, along with attorney's fees. 2. Alameda California Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contract: This type of complaint is filed when an implied contract, which is formed through the parties' conduct or actions, is breached. The plaintiff asserts that goods were sold and delivered, and the defendant failed to fulfill their payment obligations. The plaintiff seeks damages and attorney's fees. 3. Alameda California Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral and Implied Contracts: In cases where both oral and implied contracts are involved, this type of complaint is filed. The plaintiff claims that oral agreements were made regarding the sale and delivery of goods, and there were implied agreements as well. The complaint seeks compensation for the goods sold, attorney's fees, and any additional damages caused by the breach. Overall, an Alameda California Complaint for open account for goods sold and delivered with a stipulation for attorney's fees addresses the breach of oral or implied contracts related to the sale and delivery of goods. The specific variations depend on the nature of the contract and the plaintiff's legal claims.Alameda California Complaint for open account refers to a legal document filed by a party in Alameda County, California, to seek resolution for a breach of oral or implied contracts involving goods sold and delivered. This type of complaint often includes a stipulation for attorney's fees, providing the plaintiff with coverage for legal expenses incurred during the dispute. The Alameda California Complaint for open account for goods sold and delivered with stipulation for attorney's fees may vary, depending on the specific circumstances of the case. Here are some possible variations: 1. Alameda California Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contract: This complaint is filed when there is an alleged breach of an oral contract between the parties involved, regarding the sale and delivery of goods on credit. The plaintiff seeks recovery of the outstanding amount, along with attorney's fees. 2. Alameda California Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contract: This type of complaint is filed when an implied contract, which is formed through the parties' conduct or actions, is breached. The plaintiff asserts that goods were sold and delivered, and the defendant failed to fulfill their payment obligations. The plaintiff seeks damages and attorney's fees. 3. Alameda California Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral and Implied Contracts: In cases where both oral and implied contracts are involved, this type of complaint is filed. The plaintiff claims that oral agreements were made regarding the sale and delivery of goods, and there were implied agreements as well. The complaint seeks compensation for the goods sold, attorney's fees, and any additional damages caused by the breach. Overall, an Alameda California Complaint for open account for goods sold and delivered with a stipulation for attorney's fees addresses the breach of oral or implied contracts related to the sale and delivery of goods. The specific variations depend on the nature of the contract and the plaintiff's legal claims.
