1. Daniel is the owner of a chain of "high end" shoe stores. He hires Martino as a manager of a new store, which is to be open in Inverness, Florida. Daniel, pursuant to a written contract, agrees to pay Martino a monthly salary. In addition, Daniel and Martino have agreed to an 80- 20% split in profits. Without Daniel's knowledge, Martino represents himself to Cathy as Daniel's partner, telling Cathy about the agreement to share profits. Cathy extends credit to Martino, who defaults. Cathy now seeks to hold Daniel liable as a partner. Which is the most accurate statement about Cathy's lawsuit against Daniel