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.
Type 1: Tarrant Texas Complaint for Breach of Oral Contract on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees In this type of complaint, the plaintiff alleges a breach of an oral contract relating to the sale and delivery of goods on an open account. The plaintiff may claim that the defendant failed to pay for the goods as agreed upon, resulting in a breach of the oral contract. The complaint may include a stipulation for attorney's fees, requesting reimbursement of legal expenses incurred. Type 2: Tarrant Texas Complaint for Breach of Implied Contract on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees This type of complaint is similar to the first one, but instead of an oral contract, the plaintiff alleges a breach of an implied contract. The plaintiff may argue that, through their conduct or behavior, the defendant impliedly agreed to the terms of payment for the goods sold and delivered on an open account. The plaintiff seeks to recover the outstanding amount owed, along with attorney's fees. Keywords: Tarrant Texas, complaint, open account, goods sold and delivered, stipulation, attorney's fees, breach, oral contract, implied contractType 1: Tarrant Texas Complaint for Breach of Oral Contract on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees In this type of complaint, the plaintiff alleges a breach of an oral contract relating to the sale and delivery of goods on an open account. The plaintiff may claim that the defendant failed to pay for the goods as agreed upon, resulting in a breach of the oral contract. The complaint may include a stipulation for attorney's fees, requesting reimbursement of legal expenses incurred. Type 2: Tarrant Texas Complaint for Breach of Implied Contract on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees This type of complaint is similar to the first one, but instead of an oral contract, the plaintiff alleges a breach of an implied contract. The plaintiff may argue that, through their conduct or behavior, the defendant impliedly agreed to the terms of payment for the goods sold and delivered on an open account. The plaintiff seeks to recover the outstanding amount owed, along with attorney's fees. Keywords: Tarrant Texas, complaint, open account, goods sold and delivered, stipulation, attorney's fees, breach, oral contract, implied contract
