Mr. Justice MILLER delivered the opinion of the court.
If the admission of Fant to plaintiffs, and the evidence of Keene, are insufficient to raise a primâ facie presumption of partnership, then Keene's declarations on that subject were inadmissible, and the court was right in its instruction to the jury. If it was sufficient for that purpose then it was erroneous, and the evidence here offered of Keene's statements to plaintiffs was improperly excluded...
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