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 Suffolk New York 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 the Suffolk County court system. This type of complaint arises when a seller alleges that the defendant owes a specific sum of money for goods that were sold and delivered. In this complaint, the plaintiff contends that the defendant entered into an oral or implied contract to purchase certain goods. The plaintiff will outline the terms and conditions of the agreement, including the quantity, price, and delivery details. The complaint will state that the plaintiff fulfilled their part of the agreement by delivering the goods as promised, but the defendant failed to make the agreed-upon payment. To make a strong case, the complaint will include relevant keywords such as "contract," "goods sold and delivered," "stipulation for attorney's fees," and "breach." Additionally, keywords like "oral contract," "implied contract," and "open account" may be used to specify the type of contract being referenced. It is important to note that there may be different variations of the Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts. Some possible variations could include: 1. Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contract: This complaint specifically alleges a breach of an oral contract for the sale of goods. 2. Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contract: This complaint focuses on a breach of an implied contract, where the terms and conditions were not explicitly stated but can be inferred from the circumstances or conduct of the parties involved. 3. Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Open Account Contract: This complaint emphasizes that the defendant's failure to pay for the goods has resulted in a breach of an open account contract, where the seller extended credit and allowed the defendant to make multiple purchases on account. Overall, each complaint may have slight variations in the language used, but the key elements will remain the same — alleging breach of an oral or implied contract for goods sold and delivered, with a stipulation for attorney's fees.A Suffolk New York 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 the Suffolk County court system. This type of complaint arises when a seller alleges that the defendant owes a specific sum of money for goods that were sold and delivered. In this complaint, the plaintiff contends that the defendant entered into an oral or implied contract to purchase certain goods. The plaintiff will outline the terms and conditions of the agreement, including the quantity, price, and delivery details. The complaint will state that the plaintiff fulfilled their part of the agreement by delivering the goods as promised, but the defendant failed to make the agreed-upon payment. To make a strong case, the complaint will include relevant keywords such as "contract," "goods sold and delivered," "stipulation for attorney's fees," and "breach." Additionally, keywords like "oral contract," "implied contract," and "open account" may be used to specify the type of contract being referenced. It is important to note that there may be different variations of the Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts. Some possible variations could include: 1. Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contract: This complaint specifically alleges a breach of an oral contract for the sale of goods. 2. Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contract: This complaint focuses on a breach of an implied contract, where the terms and conditions were not explicitly stated but can be inferred from the circumstances or conduct of the parties involved. 3. Suffolk New York Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Open Account Contract: This complaint emphasizes that the defendant's failure to pay for the goods has resulted in a breach of an open account contract, where the seller extended credit and allowed the defendant to make multiple purchases on account. Overall, each complaint may have slight variations in the language used, but the key elements will remain the same — alleging breach of an oral or implied contract for goods sold and delivered, with a stipulation for attorney's fees.