Court of Appeal

CASE NO.                                                     VOL. NO.                                           PAGE

Cite as: Mueller-Sparenberg Recycling Ltd. v. Schroeder, 1998 NSCA 205

MUELLER-SPARENBERG                       - and -            HANS-JUERGEN SCHROEDER

RECYCLING LIMITED                                                        and ANNAPOLIS HERBS AND

PRODUCTS LIMITED

Appellant                                                                               Respondents

C.A. No. 147500                                           Halifax                                   CHIPMAN, J.A.

APPEAL HEARD:                                       November 20, 1998

JUDGMENT DELIVERED:                       November 20, 1998

WRITTEN RELEASE OF ORAL:             November 24, 1998

SUBJECT:                           CONTRACTS - Agency - Action for a commission

SUMMARY:                          The trial judge dismissed an action for commission on the ground that the plaintiff had failed to establish that he had performed services within the scope of an arrangement between the parties whereby commissions would be paid.

ISSUE:                                   Whether the trial judge erred in arriving at his findings.

RESULT:                              The Nova Scotia Court of Appeal held that the trial judge did not commit any error in the fact finding process.  The appeal was dismissed with costs.