case Beckwith against not Michaelmas term James roll upon a promise to pay a  certain sum at so much a month a assumpsit lie for the entire sum upon every  default of payment post   light   Leon Mod lev dyer cro Elizabeth lev Owen cro  car Andrews Bac ab term Rep term Rep venire facias assumpsit for nonpayment of  a first instalment shall lie damage to the amount of the whole debt error of a  judgement in a action on the case upon a assumpsit make at Southwark the first  error assign be that the declaration be not good for he declare croak James er  p whereas the defendant be indebt to he in four pound he promise at Southwark  upon such a consideration that he will pay it he by five shilling the month  and allege in fact that he have not pay the say four pound nor any parcel  thereof accord to his promise and the action be bring within four month after  the promise make so before all the money be due and declare to his damage of  six pound upon non assumpsit plead it be find for the plaintiff and the damage  be assess to four pound and judgement give accord and it be allege to be  erroneous for he ought to have stay the bring of his action until all have be  due or to have demand the sum which be due for the four month only and not the  entire debt as in debt upon a bill or recognizance Payable at two day he may  not bring his action until the whole croak throw sum be due upon the bill a  but it be thereto answer that this be not like to the case of a bill of debt  which be ground upon the special and can be demand until the entire sum be due  but here it be ground upon the promise which be break by every nonpayment  accord to the promise and he do not demand any sum certain but only damage and  it be at the discretion of the jury whether they will find the entire sum in  damage or only so much as be due but when they give the entire damage as here  Doderidge say that it be with a averment that it be give for the entire sum  and it shall be a good bar in a new action on the case upon that promise and  of that opinion be all the justice except Houghton who doubt thereof and hold  that the declaration be not good because he do not declare it certain that the  promise be not perform by the nonpayment at such day and do not demand damage  for it and not to say that the four pound be not pay nor any parcel thereof  for the four pound be not yet due vide   dyer another error be assign because  the venire facias be award de viceneto de Southwark where it ought to be de  Southwark Henry pl say non allocatur the judgement be therefore affirm notam  ex hoc that where a man bring such a action for breach of a assumpsit upon the  first day it be best to count of damage for the entire debt for he can have a  new action