(dissenting).
I think the majority opinion is in .error in the announced rule that in such a case as this a party may testify as to transaction *264and communication had personally by such party with a deceased person when the party so testifying here is in effect maintaining an action against the heirs of the deceased person with whom this party claimed to have had an oral agreement which forms the basis of, this party’s claimed right to recover.
It seems to me that the facts stated in the majority opinion demonstrate that there is application here for the statute 12.0.S.1-951 | 384 which prohibits a party himself from testifying to transactions -and communications had personally with a deceased person. That statute sets out the circumstances under which the statute applies, and I think those circumstances are here present.
• I am authorized to state that DAVISON, J., concurs in these views.