¶1 The embezzlement statute creates an offense unknown at common law. It applies only to the classes of persons therein naméd. *71 S. v. Whitehurst, 212 N. C., 300, 193 S. E., 657; S. v. Eurell, 220 N. C., 519, 17 S. E. (2d), 669. It does not embrace a vendor in an executory contract of purchase and sale. Hence the court below erred in denying the defendant’s motion to dismiss as in case of nonsuit.
¶2 The defendant did not appeal from the judgment pronounced in the ease (4430) consolidated and tried with this indictment.' Hence, said judgment is not affected by this opinion.
¶3 The judgment below (4477) is
¶4 Eeversed.