State Ex Rel. Lathers v. Smith

Since this matter comes up on demurrer, it is necessary to analyze the pleadings of the parties. It may be stated at this point that several exhibits omitted from the petition, consisting of the original and supplemental contracts involved here, standard specifications of the state highway commission, and other papers, were by stipulation included in the record. This was not done by formal amendment to either of the pleadings, but since the question is whether upon the whole record the demurrer should have been sustained, and since the exhibits .are stipulated into the record, we shall simply…