If the plaintiff is entitled to recover on any aspect of the case presented in his complaint, the demurrer cannot be sustained. Kirby v. Reynolds, 212 N. C., 271; In re Trust Company, 207 N. C., 802, and cases there cited. In that event, it is immaterial for the purpose of a decision in this Court how the relationship between plaintiff and defendant should be classified. Trust Co. v. Webb, 206 N. C., 247, 250. It may be necessary on the trial of the ease to determine whether that relation arises out of bailment, employment as master and servant, or independent contract, all of which theories are presented in the argument, and the evidence may throw more light on these questions than we now have. Rut it is not the practice of the Court to consider the merits of the controversy upon an appeal from a judgment overruling a demurrer to the complaint. Furniture Co. v. R. R., 195 N. C., 636, 143 S. E., 242.
It is sufficient to say that we cannot reach the conclusion that the plaintiff is not entitled to recover under any aspect of his complaint, liberally construed, upon which supporting evidence may he properly submitted. Rodwell v. Coach Co., 205 N. C., 292, 171 S. E., 100; Joyner v. Woodard & Co., 201 N. C., 315, 160 S. E., 288.
The judgment overruling the demurrer is
Affirmed.