AMI 711 Partnership—Tests of Existence of Relationship

Appropriate portions of Ark. Code Ann. § 4-46-202 may be read to the jury. It would be proper to tell the jury that they may consider, along with all evidence of applicable factors cited in § 4-46-202 and all other evidence, the fact that profits were shared in determining whether a partnership existed. See, e.g., Thiel v. Dove, 229 Ark. 601, 317 S.W.2d 121 (1958) (court may instruct jury that a certain fact may be considered, in conjunction with the other evidence, but may not comment on the weight of the evidence by declaring that a certain inference may be drawn from a specific fact).

Jury was permitted to consider, in determining whether a partnership existed, the alleged “admission by silence” to the partnership of one alleged partner. Medlock v. Burden, 321 Ark. 269, 900 S.W.2d 552 (1995).