Shane ran a liquid fertilizer business. As part of the operation 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 or losses.

Frisch was injured while filling a tank truck that was supposed to haul the fertilizer to Svoboda’s tractor. Frisch sued both Shane and Svoboda, claiming that Svoboda was sharing in Shane’s profits and was therefore a partner. Was Frisch correct? Explain. Frisch v. Svobada , 157 N.W.2d 774 (NE).