A partnership is a legal relation arising from a contract, express or implied. The relation is a question of law and fact, not a question of name. The court will look at the relation created by the contract, although the contract itself expressly denies the relationship and expressly denies the responsibility therein created. To be sure, the evident intention of the parties to a contract is an important element in determining its construction, but the parties may intend all the legal elements of a partnership relation and not know the legal consequences thereof, and may futilely intend to avoid them. On the other hand, a person may be interested in the financial success of a firm, may even have a share in its profits, and yet not be a member of the firm or liable as such. The most that can be said as to profits is that no one can be an actual member of a firm who has no share in the profits, since in such case the business would not be conducted for him and in his behalf. One not a member of a firm may, however, be liable to the same extent as an actual member if he holds himself out to the world as a member, his liability resting on the ground of estoppel, or on the ground that credit has been given to the firm on the strength of his apparent membership arising through his fault. In other words if he lends his name to a firm his property is thereby bound to pay its debts. And vice versa, and this is more pertinent to the present question, if he conceals his connection with the firm, he is yet on discovery liable as a member when his relationship to the firm based on his contract with it constitutes him an actual member.