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.
Missouri Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document filed by a plaintiff (usually a seller or creditor) against a defendant (usually a buyer or debtor) who failed to pay for goods or services rendered. This complaint aims to seek financial restitution for the breach of an oral or implied contract. A Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees includes the following key elements: 1. Caption: The complaint begins with a caption that identifies the court, parties involved, and case number. 2. Parties' Information: The complaint provides detailed information about the plaintiff (creditor) and defendant (debtor), including their names, addresses, and contact information. 3. Jurisdiction and Venue: It explains why the court has the authority to hear the case and why it is filed in the specific county within Missouri. 4. Factual Background: This section outlines the details of the oral or implied contract, including the goods or services provided by the plaintiff, the agreed-upon price, and the delivery of these items to the defendant. 5. Breach of Contract Allegations: The complaint accuses the defendant of breaching their contractual obligations by failing to pay the agreed-upon amount within the specified time frame. 6. Open Account: It establishes that a business relationship between the parties existed and the account was left open and unpaid. 7. Account Statement: The complaint may attach an account statement, listing all the specific transactions and outstanding balance. 8. Stipulation for Attorney's Fees: It includes a provision in the complaint requesting that the court allow the plaintiff to recover reasonable attorney's fees if successful in the legal action. 9. Prayer for Relief: The complaint concludes with a section where the plaintiff formally requests the court to award the unpaid balance, interest, attorney's fees, and any other appropriate relief. Different types or variations of a Missouri Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts may include additional claims or allegations. These can involve factual scenarios such as fraud, misrepresentation, statutory violations, or other contractual breaches. However, each complaint will typically maintain the core elements mentioned above. Keywords: Missouri, Complaint, Open Account, Goods Sold and Delivered, Stipulation, Attorney's Fees, Breach of Oral Contracts, Breach of Implied Contracts, Legal Document, Seller, Creditor, Buyer, Debtor, Financial Restitution, Oral Contract, Implied Contract, Caption, Parties' Information, Jurisdiction, Venue, Factual Background, Breach of Contract Allegations, Open Account, Account Statement, Stipulation for Attorney's Fees, Prayer for Relief, Fraud, Misrepresentation, Statutory Violations.
