(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. Svobodas per acre payments remained steady, despite Shanes profits of losses. Frisch was injured while filling a tank truck that was supposed to haul the fertilizer to Svobodas tractor. Frisch sued both Shane & Svoboda, claiming that Svoboda was sharing Shanes profits and was therefore a partner.

Was Frisch correct? Explain.