Kelley (D) and Galloway were partners in an accounting business. Smith (P) worked for 3 1/2 years for them drawing $1,000 per month and $100 travel expenses. An end of the year bonus consisted of a small share of the profits. P left the business and demanded a full percentage of the partnership. P was held out to the public as a partner by the business, and he was listed as a partner on the partnership tax return. No agreement to be a partner had ever been formed. P made no contribution to the assets of the partnership; he had no authority over other employees and was not obligated for any debts of the form.

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