Gianotti

In this action upon a rejected creditor’s claim for reasonable value of services performed for the deceased, testimony of plaintiff’s husband was ruled inadmissible by the trial court under the provisions of the dead man statute (Code Civ. Proe., § 1880, subd. 3), an agreement signed by the husband on the date of the trial but prior to the proffered testimony, that the claim and all proceeds thereof are the separate property of the wife. Judgment was rendered in favor of defendant administratrix at the close of plaintiff’s case. There was some which was uncontradicted, by witnesses other than the husband, as to services performed by plaintiff to the decedent, but because of our decision, stated below, that the judgment must be reversed because of the major ruling in the case, that of the exclusion of testimony, we need not discuss the admitted evidence. Counsel for plaintiff did not make a offer of proof as to the husband’s expected testimony, but he did propose to make an offer of proof and the court, having made the ruling, stated that an offer of proof would do .no good. There was no dispute as to the genuineness of the husband’s signature, nor was the written agreement except…