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.
Oregon Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts In Oregon, a complaint for an open account for goods sold and delivered with stipulation for attorney's fees can be filed in case of a breach of oral or implied contracts. This type of complaint seeks to enforce payment for goods sold and delivered, where the parties had an agreement, either oral or implied, regarding the sale or purchase of goods. The plaintiff, usually the seller, alleges that the defendant, the buyer, has failed to pay for the goods as agreed upon. Keywords: Oregon, complaint, open account, goods sold and delivered, stipulation, attorney's fees, breach, oral contracts, implied contracts. Types of Oregon Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts: 1. Standard Complaint: This type of complaint is used when the plaintiff has sold and delivered goods to the defendant, and the defendant has failed to pay for the goods. The plaintiff will seek damages for the unpaid amount, along with any interest and attorney's fees that may be allowed under the stipulation for attorney's fees provision. 2. Complaint with Request for Specific Performance: Sometimes, the plaintiff may request the court to order the defendant to specifically perform their obligation under the contract, i.e., to pay for the goods as agreed. This is typically sought when the goods are unique or the plaintiff prefers specific performance over monetary damages. 3. Complaint with Fraud Allegations: In certain cases, the plaintiff may allege that the defendant committed fraud in the course of the oral or implied contract. This could include misrepresenting facts, intentional deceit, or fraudulent inducement. The inclusion of fraud allegations strengthens the plaintiff's claim and may impact the damages sought. Note: It is essential to consult with an attorney or legal professional for advice specific to your situation. This content is for informational purposes only and should not be considered legal advice.
