Kentucky Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts

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Multi-State
Control #:
US-02006BG
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Word; 
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Description

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.

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FAQ

The attorneys' fees law in California generally provides that unless the fees are provided for by statute or by contract they are not recoverable. In other words, unless a law or contract says otherwise the winning and losing party to lawsuit must pay their own attorneys fees.

Question: The attorney fee clause in a listing provides that the broker pays all attorney fees. the owner pays necessary attorney fees. in the event of disagreements, the prevailing party is entitled to attorney fees. attorney fees are to be split between broker and owner.

Estate. a marriage or legal separation is filed, unless the power of attorney document provides otherwise. Just as under the present law, a power of attorney is not required by the new law to be recorded, unless it is being use to convey, release or transfer any interest in real estate.

Prevailing Party Attorneys' Fees Clauses. In Kentucky, attorneys' fees are not recoverable as a cost or damage in the absence of a statute or an express contractual provision.

Conclusion: Yes, a defendant in a quiet title action in California can move to strike a claim for attorney's fees in a complaint before discovery if the claim is irrelevant, false, or an improper matter in any of the pleadings.

Under § 38.001 of the Texas Civil Practice and Remedies Code, a party may recover reasonable attorneys' fees if they prevail on a breach of contract claim, regardless of whether the contract itself includes an attorneys' fees provision.

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Kentucky Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts