May Stores, Inc. v. Bishop

It will be observed from the foregoing statement of facts that the rent for which plaintiff seeks judgment was payable under a written lease which stipulated for a gross sum of $4,800, pay able in monthly instalments. From Clark on Code Pleading, p. 327, we quote: 44 On instalment contracts a like rule applies, namely that successive suits may be brought as each instalment falls due, but all instalments due at the time suit is brought must be claimed or are waived. The rule has been applied to various forms of such contract, including rent under a lease. * * * ” To same effect see 1 R. C. L.,…