JP Morgan Account Stated & Breach of Contract Lawsuit

Hi Brian,

I have a JPMorgan case brought my way by Mandarich and I am using an answer that you provide in your documents section related to these two entities I am dealing with. I have watched the video associated to it as well. Which I think there is some super helpful stuff regarding my defense using secritization. I am however wondering how to apply the laws in Oregon to the template you provide that references Michigan. I may be over thinking things. But, I would like to get this right. Particularly I have found that in oregon there is a case law reference that seems to govern account stated claims. Which is Tri-County Ins. v. Marsh, 45 Or. App. 219, 223, 608 P.2d 190 (1980).

In your template the end of the first paragraph says "With no agreement with Plaintiff or its law firm or no payment made by Defendant, there cannot be an Account Stated Claim against Defendant under Michigan law." To which I was thinking of just plugging in Oregon where it says Michigan. But, I am seeing in the Oregon case law stated above a crux for account stated claims which might be helpful to my cause.. "There is a material distinction between a suit on an open account and one involving an account stated. Del Monte Meat Co., Inc. v. Hurt, 277 Or. 615, 561 P.2d 627 (1977); Cooley v. Roman, 34 Or. App. 301, 578 P.2d 491 (1978), aff'd 286 Or. 807, 596 P.2d 565 (1979). An action on an account stated is upon a new promise to pay a specific amount and not upon the original debt or items of the account."

I am wondering if I should rewrite the last sentence of your template to include this Oregon case law to something like "With no agreement with Plaintiff or its law firm, or payment made or new promise to pay a specific amount by Defendant, there cannot be an Account Stated Claim against Defendant under Oregon law *Tri-County Ins. v. Marsh, 45 Or. App. 219, 223, 608 P.2d 190 (1980)**)."

I would love to hear your thoughts on this.

Thank you,

Andrew Staehle