¶1 This action is brought to recover certain purchase-money from defendant lumber company and by it deposited in defendant bank. The cause was referred to a referee by tbe Court. Plaintiffs did not except to this order, and as to them it is a consent reference. They are not now entitled to a jury trial upon tbe issues arising upon tbe exceptions to referee’s report.
¶2*767 The defendants T. 0. Morris, J. 0. Morris and C. T. Sample excepted to the order of reference, but they have waived the right to a trial by jury upon the issues of fact arising upon their exceptions filed to referee’s - report, by failing to assert such right definitely and specifically in each exception and pointing out in each exception the specific fact excepted to upon which they elect to demand a jury trial, as is required in Driller Co. v. Worth, 117 N. C., 520.
¶3 The judgment of the Superior Court is
¶4 Affirmed.