Wright v. Saddler

SIMPSON, Justice.

Appeal from a decree overruling demurrer to a bill for equitable accounting. We hold the bill good against the demurrer.

The argument that the bill lacked equity seems to be rested on a strict construction of the allegations of the bill alone, without taking into consideration the exhibits. The rule is, however, that in determining the sufficiency of the allegations, the recitations in the exhibits to a bill are read into and made a part of the bill, Autauga Co-op Leasing Ass’n v. Ward, 250 Ala. 229, 33 So.2d 904; and when the averments of the bill are contradictory to the…