Goff V. Guyton

I concur in the decision of the majority that when plaintiff cross-examined Mrs. Guyton, it thereby waived the bar of A.R.S. Section 12-2251, and that therefore the testimony of Mrs. Guyton relating to transactions with the decedent was properly admissible. The majority's partial reliance on the allegedly corroborative testimony of Clementine Billingsley, however, underscores a disparity in Arizona case law in relation to the interpretation of A.R.S. Section 12-2251, otherwise known as the Dead Man's Statute, set out in full in the majority opinion. This is illustrated by the case of Davey v. Janson, 62 Ariz. 39, 153 P.2d 158, cited in the majority opinion. A case which, in my opinion, should be expressly disaffirmed insofar as its interpretation of this statute is concerned.