Dan Larry Pennington; Norma J. Bryant; Aaron Parish Black, as Trustee of the Ralph J. and Reba J. Family Trust; And…

Summary

The court held that each monthly underpayment of royalties constituted a separate breach of contract and a separate cause of action for statute-of-limitations purposes. Therefore, the existence of similar underpayments occurring more than five years before suit did not bar claims for underpayments occurring within the five-year limitations period. The court answered the certified question in the negative.