The court below was in error in holding that the complaint did not state facts sufficient to constitute a cause of action, and the judgment sustaining the demurrer ore tenus to the complaint and dismissing the action must be, in that respect, reversed. Ramsey v. Furniture Co., 209 N. C., 165, 183 S. E., 536; Avery County v. Braswell, 215 N. C., 270.

*505 This disposition of the appeal renders it unnecessary to consider the question, raised by defendants’ demurrer to the reply, as to the validity of the waiver agreement contained in the application for the loan and in, the deed of trust executed by defendants. As to that we express no ■opinion.

Judgment reversed.