Chaiken entered into separate but nearly identical agree-
ments with Strazella and Spitzer to operate a barbershop.
Under the terms of the “partnership” agreements, Chaiken
would provide barber chairs, supplies, and licenses, while the
other two would provide tools of the trade. The agreements
also stated that gross returns from the partnership were to be
divided on a percentage basis among the three men and that
Chaiken would decide all matters of partnership policy.
Finally, the agreements stated hours of work and holidays for
Strazella and Spitzer and required Chaiken to hold and dis-
tribute all receipts.
a. What are the arguments that Strazella and Spitzer are
partners with Chaiken?
b. What are the arguments that Strazella and Spitzer are
employees of Chaiken?
c. Explain which arguments should prevail.
