Tony Gennaro and Sal Mineola Buy Old Cars and Repair

Tony Gennaro and Sal Mineola buy old cars and repair and sell them. They split the cost of buying the cars and the proceeds of sale. They never agree to be partners. One car has defective brakes and a pedestrian is injured as a result. Tony worked alone on buying, repairing, and selling this car. The pedestrian sues the car owner, who in turn sues Tony and Sal. Which of the following is TRUE?

A) As there was no express partnership agreement, there is no partnership between Tony and Sal.
B) As Tony did the defective repair work, only he is liable.
C) As there was no written partnership agreement, there is no partnership between Tony and Sal.
D) There is a partnership between Tony and Sal implied by law and Sal is liable as a partner.
E) Both B and C