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 Contra Costa California 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 filed by a plaintiff in Contra Costa County, California. This type of complaint addresses disputes related to the sale and delivery of goods, where the defendant has failed to fulfill their obligations under an oral or implied contract. Keywords: Contra Costa California, Complaint, Open Account, Goods Sold and Delivered, Stipulation for Attorney's Fees, Breach of Oral Contracts, Breach of Implied Contracts. In Contra Costa County, there may be various sub-types or variations of this complaint based on the specifics of the case. These variations may include: 1. Complaint for Open Account — A plaintiff uses this type of complaint when seeking payment for goods delivered or services provided on an open credit account. It emphasizes that the defendant has failed to pay the outstanding balance. 2. Complaint for Goods Sold and Delivered — This complaint is filed when the plaintiff seeks payment for goods that were sold and delivered to the defendant. It emphasizes the failure of the defendant to compensate the plaintiff for the provided goods. 3. Complaint with Stipulation for Attorney's Fees — In this type of complaint, the plaintiff requests the court to include a stipulation for attorney's fees, meaning that if the plaintiff wins the case, the defendant will not only be responsible for the outstanding balance but also for the plaintiff's attorney fees. 4. Breach of Oral Contracts — This complaint addresses situations where the defendant has breached an oral contract, meaning an agreement made verbally between the two parties. The plaintiff will present evidence to support the existence of the oral contract and the defendant's failure to fulfill their obligations. 5. Breach of Implied Contracts — In this complaint, the plaintiff argues that an implied contract existed between the parties, which is an agreement that was not explicitly stated but can be inferred from their conduct or actions. The plaintiff will demonstrate how the defendant's actions violated the implied contract and resulted in damages. In summary, a Contra Costa California 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 filed in Contra Costa County. It involves disputes related to the sale and delivery of goods, where the defendant failed to fulfill their obligations under an oral or implied contract. The types of this complaint may vary, such as a pure open account complaint, a complaint without attorney's fees stipulation, or those focused on oral or implied contracts.A Contra Costa California 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 filed by a plaintiff in Contra Costa County, California. This type of complaint addresses disputes related to the sale and delivery of goods, where the defendant has failed to fulfill their obligations under an oral or implied contract. Keywords: Contra Costa California, Complaint, Open Account, Goods Sold and Delivered, Stipulation for Attorney's Fees, Breach of Oral Contracts, Breach of Implied Contracts. In Contra Costa County, there may be various sub-types or variations of this complaint based on the specifics of the case. These variations may include: 1. Complaint for Open Account — A plaintiff uses this type of complaint when seeking payment for goods delivered or services provided on an open credit account. It emphasizes that the defendant has failed to pay the outstanding balance. 2. Complaint for Goods Sold and Delivered — This complaint is filed when the plaintiff seeks payment for goods that were sold and delivered to the defendant. It emphasizes the failure of the defendant to compensate the plaintiff for the provided goods. 3. Complaint with Stipulation for Attorney's Fees — In this type of complaint, the plaintiff requests the court to include a stipulation for attorney's fees, meaning that if the plaintiff wins the case, the defendant will not only be responsible for the outstanding balance but also for the plaintiff's attorney fees. 4. Breach of Oral Contracts — This complaint addresses situations where the defendant has breached an oral contract, meaning an agreement made verbally between the two parties. The plaintiff will present evidence to support the existence of the oral contract and the defendant's failure to fulfill their obligations. 5. Breach of Implied Contracts — In this complaint, the plaintiff argues that an implied contract existed between the parties, which is an agreement that was not explicitly stated but can be inferred from their conduct or actions. The plaintiff will demonstrate how the defendant's actions violated the implied contract and resulted in damages. In summary, a Contra Costa California 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 filed in Contra Costa County. It involves disputes related to the sale and delivery of goods, where the defendant failed to fulfill their obligations under an oral or implied contract. The types of this complaint may vary, such as a pure open account complaint, a complaint without attorney's fees stipulation, or those focused on oral or implied contracts.