If a contract is entire, only one action may be maintained for a breach thereof; but, if it is severable or if the breaches occur at successive periods in an entire contract, an action will lie for each breach; but all the breaches occurring up to the commencement of the action must be included therein.
(Orig. Code 1863, § 2880; Code 1868, § 2888; Code 1873, § 2939; Code 1882, § 2939; Civil Code 1895, § 3793; Civil Code 1910, § 4389; Code 1933, § 20-1401.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contracts, §§ 88 et seq., 351 et seq. 51 Am. Jur. 2d, Limitation of Actions, § 28.
C.J.S.- 17A C.J.S., Contracts, § 608. 25 C.J.S., Damages, §§ 4, 5. 54 C.J.S., Limitations of Actions, §§ 86, 87.
ALR.
- Provision in land contract for pecuniary forfeiture or penalty upon default of the purchaser as affecting the vendor's right to maintain an action for the purchase price, 32 A.L.R. 617.
Different benefits or claims of benefit under a policy of insurance as constituting a single cause of action or separate causes, 69 A.L.R. 889; 159 A.L.R. 563.
Liability for procuring breach of contract, 84 A.L.R. 43; 26 A.L.R.2d 1227.
Employer's breach of agreement regarding discharge or restoration after layoff of employee not employed for a fixed term, as creating a single cause of action, or repeated causes of action, as regards statute of limitation or the right to bring successive actions, 142 A.L.R. 797.
Party who insisted that contract be performed notwithstanding total breach or repudiation by other party as entitled to change his position and decline to perform on his own part, where other party did not proceed with performance or otherwise alter his position in reliance on a supposition of performance, 143 A.L.R. 489.
Acceptance by building or construction contractor of payments under his contract as a waiver of right of action upon implied warranty as to conditions affecting cost, 173 A.L.R. 308.
Rights and remedies where broker or agent, employed to purchase personal property, buys it for himself, 20 A.L.R.2d 1140.
Building or construction contract providing for installment or "progress" payments as entire or divisible, 22 A.L.R.2d 1343.
Liability for procuring breach of contract, 26 A.L.R.2d 1227.
Measure or basis of attorney's recovery on express contract fixing noncontingent fees, where he is discharged without cause or fault on his part, 54 A.L.R.2d 604.
Effect of attempt to terminate employment or agency contract upon shorter notice than that stipulated in contract, 96 A.L.R.2d 272.
Liability for interference with invalid or unenforceable contract, 96 A.L.R.3d 1294.
Measure and elements of damages for breach of contract to lend money, 4 A.L.R.4th 682.
Recovery based on tort-feasor's profits in action for procuring breach of contract, 5 A.L.R.4th 1276.
Punitive damages for interference with contract or business relationship, 44 A.L.R.4th 1078.