Southern Railway Co. v. Allen

Deen, Judge.

Code § 38-406 states: “The admissions by an agent or attorney in fact, during the existence, and in pursuance of his agency, shall be admissible against the principal.” Code § 4-315 states: “The agent shall be a competent witness either for or against his principal. His interest shall go to his credit. The declarations of the agent as to the business transacted by him shall not be admissible against his principal, unless they were a part of the negotiation, and constituting the res gestae, or else the agent is dead.” The Code sections must be construed together, and the second…