Problem

 

P, administrator of Sucker's estate, v. Desert Land Co. for a return of the down payment made by Sucker on real estate located in the Mojave Desert, California, and sold by Desert. At trial, P offers two exhibits:

(1) P1, an advertisement from the New York Times for Mojave Garden Lots. The ad says, "Make a down payment to reserve your lot and pay later by installments. If you inspect your lot within 90 days and state your dissatisfaction to us and ask for your down payment back, it will be returned, no questions asked."

(2) P2, a letter from Sucker to Desert Land that says, "I have inspected my lot. I am dissatisfied. I demand my money back."

Defendant objects to the introduction of the exhibits. Are they hearsay? If so, should they be admitted anyhow? If not, should they be excluded anyhow?



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