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 Michigan 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 that outlines a claim against a party who has failed to pay for goods that were sold and delivered. This type of complaint is often filed when the goods were provided on credit without a written contract. The complaint seeks payment of the outstanding amount, along with any applicable interest, costs, and attorney's fees. In Michigan, there are two different types of Complaints for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: 1. Complaint for Open Account for Goods Sold and Delivered: This type of complaint is filed when the plaintiff (the party who provided the goods) has a valid open account with the defendant (the party who owes payment). An open account is an ongoing business relationship where goods are provided on credit, and the defendant has failed to make the required payments. 2. Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: This type of complaint is similar to the first, but it also alleges a breach of an oral or implied contract. An oral contract is formed through spoken words, while an implied contract is created through the actions and conduct of the parties involved. This complaint provides an additional legal basis for the claim, seeking not only payment for goods sold and delivered but also damages for the breach of contract. When filing a Michigan Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, it is essential to include specific details relevant to the case. This may include: 1. Identification of the parties involved: Clearly state the names and contact information of the plaintiff and defendant. 2. Description of the goods sold and delivered: Provide a detailed description of the goods or services provided, including the quantity, price, and date of delivery. 3. Terms of the agreement: If there was an oral or implied contract, outline its terms and conditions, including any agreed-upon payment deadlines or terms of credit. 4. Breach of contract: Explain how the defendant has failed to fulfill their obligations under the contract, such as non-payment or late payment. 5. Amount owed: Clearly state the total outstanding amount owed by the defendant, including any interest incurred and additional costs. 6. Stipulation for attorney's fees: Include a stipulation for attorney's fees, as allowed by Michigan law, establishing that the defendant will be responsible for paying the plaintiff's attorney's fees if the claim is successful. 7. Relief sought: Specify the relief sought, which typically includes payment of the outstanding amount, interest, costs, attorney's fees, and any other damages deemed appropriate. Remember to consult a legal professional to ensure the accuracy and appropriateness of the content for your specific case.
