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.
Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: In Travis County, Texas, individuals or businesses may file a complaint known as Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts. This complaint is relevant in cases where goods have been sold and delivered, but payment has not been made according to the agreed terms. The complaint seeks to recover the outstanding amount owed for the goods, including any additional fees, and may request attorney's fees if specified in the contract or allowed by law. When filing this complaint, it is important to include key details such as: 1. Parties Involved: Identify the plaintiff, who is the individual or business filing the complaint, and the defendant, who is the party responsible for non-payment or breach of the oral or implied contract. 2. Description of the Goods Sold and Delivered: Clearly state the type and quantity of goods sold and delivered to the defendant. Provide any relevant documentation, such as invoices or receipts, that establish the existence of an agreement between the parties. 3. Terms of Payment: Present the agreed-upon terms of payment for the goods or services rendered. If there are any additional fees or interest charges for late payments, detail them in the complaint. 4. Breach of Contract: Explain how the defendant has breached the oral or implied contract. This could include failure to make payment according to the agreed terms or failure to respond to any written demand for payment. 5. Outstanding Balance: Specify the total amount owed by the defendant, inclusive of any late fees, interest, or additional charges. Attach supporting documentation, such as an account statement, to substantiate the amount claimed. 6. Stipulation for Attorney's Fees: If the contract between the parties includes a provision for attorney's fees or if state law allows for their recovery in breach of contract cases, state the claim for attorney's fees, providing the legal basis for such a claim. It is important to note that variations of this complaint may exist depending on specific circumstances or claim types. Some potential variations could include: — Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Written Contract: In cases where there is a written contract instead of an oral or implied agreement, this complaint may be used. — Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Warranty: If the goods sold and delivered have defects or do not meet certain quality standards, resulting in a breach of the implied warranty, this complaint may be filed. — Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Purchase Order: When goods have been sold and delivered based on a purchase order, but payment has not been made, this complaint can be relevant. Overall, the Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts is a legal tool used to seek recovery of outstanding balances for goods or services sold and delivered, which have not been paid according to the agreed-upon terms.Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: In Travis County, Texas, individuals or businesses may file a complaint known as Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts. This complaint is relevant in cases where goods have been sold and delivered, but payment has not been made according to the agreed terms. The complaint seeks to recover the outstanding amount owed for the goods, including any additional fees, and may request attorney's fees if specified in the contract or allowed by law. When filing this complaint, it is important to include key details such as: 1. Parties Involved: Identify the plaintiff, who is the individual or business filing the complaint, and the defendant, who is the party responsible for non-payment or breach of the oral or implied contract. 2. Description of the Goods Sold and Delivered: Clearly state the type and quantity of goods sold and delivered to the defendant. Provide any relevant documentation, such as invoices or receipts, that establish the existence of an agreement between the parties. 3. Terms of Payment: Present the agreed-upon terms of payment for the goods or services rendered. If there are any additional fees or interest charges for late payments, detail them in the complaint. 4. Breach of Contract: Explain how the defendant has breached the oral or implied contract. This could include failure to make payment according to the agreed terms or failure to respond to any written demand for payment. 5. Outstanding Balance: Specify the total amount owed by the defendant, inclusive of any late fees, interest, or additional charges. Attach supporting documentation, such as an account statement, to substantiate the amount claimed. 6. Stipulation for Attorney's Fees: If the contract between the parties includes a provision for attorney's fees or if state law allows for their recovery in breach of contract cases, state the claim for attorney's fees, providing the legal basis for such a claim. It is important to note that variations of this complaint may exist depending on specific circumstances or claim types. Some potential variations could include: — Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Written Contract: In cases where there is a written contract instead of an oral or implied agreement, this complaint may be used. — Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Warranty: If the goods sold and delivered have defects or do not meet certain quality standards, resulting in a breach of the implied warranty, this complaint may be filed. — Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Purchase Order: When goods have been sold and delivered based on a purchase order, but payment has not been made, this complaint can be relevant. Overall, the Travis Texas Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts is a legal tool used to seek recovery of outstanding balances for goods or services sold and delivered, which have not been paid according to the agreed-upon terms.
