You are both right. The mini is the one with frame. The only give-away is his blue eyes. The chestnut at the top is probably sabino (given that the test for sabino is currently worse than useless), the thoroughbred is dominant white, and the one at the bottom is probably splash (which there is a test for now yay!).
My point is, that some people who didn't know what they were looking at, would see non-tobiano markings, and assume they are frame. Especially the chestnut - the give-away with her is her high leg white. The phenotype of frame is next to useless for determining if the horse carries frame, as you can see with the mini stallion. He has no white on him at all, but thankfully, he was tested by a responsible breeder.