Phillips and Harris are partners in a used car business. Under their oral partnership, each has an equal voice in the conduct and management of the business.
Because of their irregular business hours, the two further agreed that they could use any partnership vehicle as desired. This use includes transportation to and from work, even though the vehicles are for sale at all times. Harris conducted partnership business both at the used car lot and from his home.
He was on call by Phillips or customers at his home and he went back to the lot two or three times after going home.
While driving a partnership vehicle home from the used car lot, Harris negligently hit a car driven by Cook, who brought this action against Harris and Phillips individually and as copartners for his injuries. Who is liable?