Shafter v. Richards

Citations

• 14 Cal. 125

Syllabus

<p>ür an action for mesne profits, plaintiff offered in evidence tlie record of an action by defendant against a third person, for the nse and occupation of tlie same premises for a time, prior to the time sued for in this action, in which defendant, under oath, fixed the value at a certain sum, together with evidence, that the value of the use and occupation was as great in the one case as the other. Held, that the evidence was admissible as a solemn admission by a party to the record, in relation to a particular fact; that such admissions are not irrelevant, whether made directly or incidentally.</p>