McNeil v. Ritter Dental Mfg. Co.

It is provided by statute that, if a contract be entire, but one suit can be maintained for tbe breach thereof; if severable, or if the breaches occur at successive periods in an entire contract (as installment payments), an action will lie for each breach; “but all the breaches occurring up to the commencement of the action must be included therein.” Code 1907, § 2505; Code 1923, § 5721; Callan v. Anderson, 131 Ala. 228, 31 So. 427; House v. Donnelly, 7 Ala. App. 267, 81 So. 18; Mason v. Mason, 5 Ala. App. 377, 59 So. 699.

In Callan v. Anderson, supra, an action on a promissory note, the…