Therefore, the relief to which a plaintiff is entitled must be determined by the allegations in his complaint and not by the specific relief for which he prays. Mortgage Co. v. Long, supra; Jones v. R. R., 193 N.C. 590, 137 S.E. 706; Shrago v. Gulley, 174 N.C. 135, 93 S.E. 458; Warren v. Herrington, supra; Baber v. Hanie, 163 N.C. 588, 80 S.E. 57; Councill v. Bailey, 154 N.C. 54, 69 S.E. 760. In applying this rule to the allegations of plaintiff's complaint, it is clear that the plaintiff is seeking damages only and not specific performance.
Therefore, the nature of his action must be determined by the allegations of his complaint, and not by the specific relief for which he prays. Shrago v. Gulley, 174 N.C. 135, 93 S.E. 458; Warren v. Herrington, 171 N.C. 165, 88 S.E. 139; Baber v. Hanie, 163 N.C. 588, 80 S.E. 57; Councill v. Bailey, 154 N.C. 54, 69 S.E. 760. In the last cited case, which was an action to recover the purchase money for a tract of land, and for the specific performance by the defendant of his contract for the purchase of said land, it is said: "In this case the plaintiff, it is true, asks for a judgment for the purchase money, but he adds a general prayer for such other and further relief as he may be entitled to — that is, not only for a money judgment, but that he may also have full relief according to the facts he has alleged, and within the scope of the case made by his complaint, the allegations of the complaint being sufficient in form and substance to fully warrant a judgment for a specific performance of the contract in every respect, and at least for the declaration of the vendor's lien upon the land, and a direction for a sale thereof to satisfy the debt.
Therefore, the nature of his action must be determined ultimately by the relief to which he is entitled upon the allegations of his complaint. Shrago v. Gulley, 174 N.C. 135; Warren v. Herrington, 171 N.C. 165; Baber v. Hanie, 163 N.C. 588; Councill v. Bailey, 154 N.C. 54. In the last cited case, it was held that "when it appears from the complaint in an action to enforce specific performance by the vendee of a contract to convey lands that a court of equity would decree a vendor's lien on the land and order it sold for the payment of the purchase price, if the alleged facts were established, the suit partakes in substance of the nature of an action for the foreclosure of a mortgage, and is removable to the county in which the land is situated."