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.
The Pennsylvania Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document used to pursue a breach of oral or implied contracts related to the sale and delivery of goods in Pennsylvania. This type of complaint is typically filed by a seller or supplier seeking payment for goods delivered to a buyer who has failed to fulfill their contractual obligations. The complaint highlights the existence of an open account and the buyer's breach of their oral or implied contract to pay for the goods. Keywords: 1. Pennsylvania Complaint: This legal document is specific to the state of Pennsylvania and follows the prescribed format and laws of the state. 2. Open Account: Refers to an ongoing business account established between the buyer and seller, where transactions occur regularly. The complaint asserts that an open account exists between the parties involved. 3. Goods Sold and Delivered: Refers to the products or items that were sold by the plaintiff and successfully delivered to the defendant. The complaint emphasizes the delivery of goods. 4. Stipulation for Attorney's Fees: This stipulation allows the plaintiff to recover attorney's fees incurred during the legal process if they prevail in the case. It incentivizes the other party to settle the matter promptly to avoid additional costs. 5. Breach of Oral or Implied Contracts: This complaint asserts that the defendant has failed to fulfill their contractual obligations, either through an oral agreement or an implied understanding, to pay for the goods sold and delivered. Different types of Pennsylvania Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts may include variations based on the circumstances of the case, such as: — Complaint for Open Account with a claim for specific monetary damages: In this type of complaint, the plaintiff may specify the exact amount owed and seek compensation accordingly. — Complaint for Open Account with a claim for consequential damages: If the breach of the oral or implied contract has resulted in additional financial losses, the plaintiff may seek consequential damages in addition to the outstanding amount on the open account. — Complaint for Open Account with a claim for restitutionary remedies: If the defendant has profited from the goods sold and delivered, the plaintiff may seek restitution to recover those profits in addition to the amount owed on the open account.
