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.
Hillsborough Florida 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 used to file a complaint against someone who has failed to pay for goods that were sold and delivered on credit. This type of complaint is commonly used in Hillsborough County, Florida, to seek legal remedies for unpaid debts. In this complaint, the plaintiff alleges that there was an open account between them and the defendant, where the defendant purchased goods on credit. The plaintiff asserts that they have fulfilled their contractual obligations by delivering the goods as agreed upon, but the defendant has failed to fulfill their part by making the necessary payments. This type of complaint is specifically filed when there is a breach of oral or implied contracts, as opposed to written contracts. It highlights the absence of a written agreement but relies on the existence of an oral or implied contract, which is enforceable under Florida law. The complaint also includes a stipulation for attorney's fees, meaning that if the plaintiff wins the case, the defendant may be required to pay the plaintiff's attorney fees. This stipulation encourages the defendant to settle the dispute or face potentially higher costs if the matter proceeds to court. Different types or variations of this type of complaint may include: 1. Hillsborough Florida Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contracts: This complaint focuses specifically on breaches of oral contracts, emphasizing that the agreement was made verbally between the parties involved. 2. Hillsborough Florida Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contracts: This complaint highlights breaches of implied contracts, which are contracts formed through the actions or conduct of the parties, rather than through explicit agreements. In conclusion, the Hillsborough Florida 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 used to seek payment for unpaid goods sold and delivered on credit, where an oral or implied contract has been breached. This complaint aims to resolve the dispute through legal means and potentially recover attorney's fees incurred during the process.Hillsborough Florida 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 used to file a complaint against someone who has failed to pay for goods that were sold and delivered on credit. This type of complaint is commonly used in Hillsborough County, Florida, to seek legal remedies for unpaid debts. In this complaint, the plaintiff alleges that there was an open account between them and the defendant, where the defendant purchased goods on credit. The plaintiff asserts that they have fulfilled their contractual obligations by delivering the goods as agreed upon, but the defendant has failed to fulfill their part by making the necessary payments. This type of complaint is specifically filed when there is a breach of oral or implied contracts, as opposed to written contracts. It highlights the absence of a written agreement but relies on the existence of an oral or implied contract, which is enforceable under Florida law. The complaint also includes a stipulation for attorney's fees, meaning that if the plaintiff wins the case, the defendant may be required to pay the plaintiff's attorney fees. This stipulation encourages the defendant to settle the dispute or face potentially higher costs if the matter proceeds to court. Different types or variations of this type of complaint may include: 1. Hillsborough Florida Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contracts: This complaint focuses specifically on breaches of oral contracts, emphasizing that the agreement was made verbally between the parties involved. 2. Hillsborough Florida Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contracts: This complaint highlights breaches of implied contracts, which are contracts formed through the actions or conduct of the parties, rather than through explicit agreements. In conclusion, the Hillsborough Florida 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 used to seek payment for unpaid goods sold and delivered on credit, where an oral or implied contract has been breached. This complaint aims to resolve the dispute through legal means and potentially recover attorney's fees incurred during the process.
