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4.17 Partnership—Existence of Partnership in Issue—Effect

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4.17 PARTNERSHIP—EXISTENCE OF PARTNERSHIP IN ISSUE—EFFECT

The defendant [name of acting partner] and the defendants [names of nonacting partners] are sued as partners.

It is denied that any partnership existed.

If you find that [name of acting partner] and [names of nonacting partners] were partners and that [acting partner] was acting within the scope of the partnership business, and if you find against [acting partner], then you must find against [both] [all] defendants.

If you find against [name of acting partner], but you either find there was no partnership or that [name of acting partner] was not acting within the scope of the partnership business, then, in either case, you must find for the defendants [names of nonacting partners].

If you find for [acting partner], then you must find for [both] [all] of the defendants.