The owner of a restaurant sued a real estate developer from whom the owner had purchased land. The owner alleged that the developer had lied to the owner during the contract negotiations for the purchase of the land. According to the owner, the developer had told the owner that he was in the final negotiations to develop the surrounding area for a large retail complex. The developer denied that he had made these statements. At trial, the owner sought to introduce an affidavit from the attorney who had negotiated the land sale contract on his behalf. In the affidavit, the attorney swore that the developer did make the assertion at issue to the owner in the attorney's presence. The attorney had moved to a foreign country and refused to appear to testify. The owner did not submit the land sale contract negotiated by the attorney into evidence. The developer objected to the introduction of the affidavit. Required:
Is the affidavit admissible?