(Case Analysis) Shane ran a liquid fertilizer business. As part of operations of

Question

(Case Analysis) Shane ran a liquid fertilizer business. As part of operations of the business, Shane paid Svoboda a specified amount per acre to spread the fertilizer on his clients’ crops. Svoboda’s per acre payments remained steady, despite Shane’s profits of losses. Frisch was injured while filling a tank truck that was supposed to haul the fertilizer to Svoboda’s tractor. Frisch sued both Shane & Svoboda, claiming that Svoboda was sharing Shane’s profits and was therefore a partner.

Was Frisch correct? Explain.

Explanation / Answer

In this case as mentioned clearly that Svoboda’s per acre payments remained steady, despite Shane’s profits of losses and therefoer Svoboda is not a Partner here and treating Svoboda as partner is not correct on Frisch's part -

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