John E. Ballenger Const. Co. v. Joe F. Walters Const. Co.

This case was tried before the court, sitting without a jury. Upon the appeal, the only errors assigned are as to the rendition of judgment in favor of appellee.

In such situation, unless the bill of exceptions sent up here affirmatively shows that it contains all the evidence which was before the lower court on the trial, "we would not be justified in reversing the trial court in rendering judgment for [plaintiff], appellee." Patton v. Endowment Department of A. F. A. M. of Alabama, 232 Ala. 236, 167 So. 323, 324.

And "we look strictly to the bill of exceptions and its proper exhibits for the…