(3) Statements made by__
(a) persons who have any proprietary or pecuniary interest in the subjectmatter
of the proceeding, and who make the statement in their character of persons
so interest, or
(b) persons from whom the parties to the suit have derived their interest in the
subjectmatter of the suit,
are admissions if they are made during the continuance of the interest of the persons
making the statements.
32. Admission by persons whose position must be proved as against party to
suit. Statements made by persons, whose position or liability it is necessary to prove as
against any party to the suit, are admissions, if such statements would be relevant as
against such persons in relation to such position or liability in a suit brought by or
against them, and if they are made whilst the person making them occupies such
position or is subject to such liability.
Illustrations
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission, and is a relevant fact as
against A, if A denies that C did owe rent to B.
33. Admission by persons expressly referred to by party to suit. Statements
made by persons to whom a party to the suit has expressly referred for information in
reference to matter in dispute are admission.
Illustrations
The question is, whether a horse sold by A to B is sound.
A says to B: "Go and ask C: C knows all about it." C's statement is an admission.
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