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

FOSTER, Justice.

The Court of Appeals very properly refused to consider matter not shown by the record when they interpreted the bill- of exceptions. Pearce v. Clements, 73 Ala. 256.

The point on which that court based its opinion depended upon a construction of that instrument. When so, on certiorari to this court, we will examine the record for a complete understanding of the status under consideration. Cranford v. National Surety Corp., 231 Ala. 636, 166 So. 721.

The suit was for certain alleged items of labor, material, feedstuff, and supplies sold to a road contractor, and counted on the…