The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business1. If the matter stops there, it is evidence upon which the court must act2, but the receipt of such a share, or of a payment contingent on or varying with the profits of a business, does not of itself make him a partner in the business3. The question is whether the business is conducted so as to constitute the relationship of principal and agent between the person taking the profits and those actually
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