20. When a lender is a partner.

The effect of an advance in consideration of a share of profits may easily be to place the intending lender in the position of a partner with all its consequences and liabilities1, even though this may not be the intention of the parties and though the agreement may contain an express declaration to the contrary2. If the agreement gives the supposed lender the rights and privileges of a partner3, no device or contrivance will enable him to escape the liabilities of a partner