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.
Title: Washington Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts Introduction: In Washington state, a legal document known as a "complaint" can be filed when one party alleges a breach of an oral or implied contract involving the sale and delivery of goods on open account. This type of complaint seeks to recoup unpaid amounts for goods provided, typically also including a stipulation for attorney's fees. Let's explore the details and variants of this Washington complaint below. Keywords: Washington Complaint, Open Account, Goods Sold and Delivered, Stipulation for Attorney's Fees, Breach of Oral Contracts, Breach of Implied Contracts. 1. Overview of Washington Complaint for Open Account for Goods Sold and Delivered: The Washington Complaint for Open Account for Goods Sold and Delivered is a legal document filed by a plaintiff seeking payment for goods sold and delivered to the defendant on an open account basis. It alleges a breach of oral or implied contracts related to the transaction and may include a stipulation for attorney's fees. 2. Breach of Oral Contracts: When the complaint alleges a breach of an oral contract, it implies that a verbal agreement was made between the parties regarding the sale and delivery of goods, but one party failed to fulfill their obligations, such as making timely or full payment. The complaint will outline the terms of the oral contract and the defendant's breach, seeking compensation for the unpaid amount. 3. Breach of Implied Contracts: If the complaint alleges a breach of an implied contract, it means that the parties had an agreement, either in writing or orally, that was not explicitly discussed but inferred from their conduct or actions. An implied contract often arises when both parties act as if an agreement is in place. The complaint will illustrate the existence of an implied contract, the defendant's breach, and the outstanding payment due. 4. Types of Washington Complaints for Open Account for Goods Sold and Delivered: Aside from the general complaint for an open account, there can be different variations of these complaints based on specific circumstances, such as: a) Verified Complaint: A complaint that requires a verification by the plaintiff, affirming the truthfulness of the allegations made. b) Amended Complaint: A complaint filed when there is a need to modify or update the original complaint due to new information or changes in circumstances. c) Class Action Complaint: A complaint filed by multiple plaintiffs on behalf of a larger group who have experienced similar breaches of oral or implied contracts. d) Counterclaim: A complaint filed by the defendant in response to the original complaint, alleging a breach of contract or other claims against the plaintiff. Conclusion: The Washington Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is utilized to legally pursue outstanding payments for goods sold and delivered based on oral or implied contracts. By filing this complaint, a plaintiff seeks redress for the breach while also requesting attorney's fees in relation to the legal expenses incurred. It is crucial to consult with a legal professional familiar with Washington state laws to ensure the precise and accurate drafting of the complaint.
