B
Julio, a vintner, ordered two large stainless steel tanks from Metalworks, Inc. for use in his wine making business. A month after they were installed, the building in which they were housed burned to the ground. Julio brought suit against Metalworks, Inc., alleging that overheating of the tanks caused the fire. Metalworks's defense is that the fire was caused by Julio's failure to install modern electrical wiring in the rather old building. At trial, Julio seeks to establish that the tanks overheated by testifying that, two weeks after the tanks were installed, a Metalworks, Inc. employee came to inspect the installation, and Julio said to him, "You know, sometimes these tanks get awful hot." Should Julio be permitted to so testify?
A. No, unless there has been no other evidence about overheating of the tanks presented by Julio.
B. No, because Julio's testimony is inadmissible hearsay.
C. Yes, because Julio's testimony is evidence of a fact in issue.
D. Yes, because Julio's testimony is evidence of a verbal act. 