Eileen K. Byrne, of the Estate of Maurice C. Byrne, Etc. v. Shell Oil Company

KILEY, Circuit Judge.

This diversity suit for damages is based upon allegations of a breach by Shell Oil Company of an oral contract to purchase advertising devices designed, and to be manufactured, by the plaintiff’s decedent. Verdict and judgment were in plaintiff’s favor for $46,200. Shell has appealed.

R. L. Williams, sales promotion advertising representative for Shell in its Chicago Division, was directed by superiors to begin the development of an “animated motor oil window display” unit to promote the sale of Shell motor oil. In August or September of 1954 Williams discussed the idea…