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HARVILLE ROSE SERVICE v. KELLOGG COMPANY

No. 29319.

448 F.2d 1346 (1971)

HARVILLE ROSE SERVICE, Plaintiff-Appellee, v. KELLOGG COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 29, 1971.

Attorney(s) appearing for the Case

Charles F. Potter, Tyler, Tex., J. Robert O'Brien, Kellogg Company, Battle Creek, Mich., for defendant-appellant; Spruiell, Lowry, Potter, Lasater & Guinn, Tyler, Tex., of counsel.

Donald Carroll, Mike A. Hatchell, Tyler, Tex., for plaintiff-appellee; Ramey, Brelsford, Flock, Devereux & Hutchins, Tyler, Tex., of counsel.

Before COLEMAN, INGRAHAM and WILKEY, Circuit Judges.

INGRAHAM, Circuit Judge.

This diversity suit was brought by plaintiff-appellee Harville Rose Service against Kellogg Company, defendant-appellant, for the breach of a contract covering a rose premium advertising campaign to be used by appellant in the sale of its product, Kellogg's Corn Flakes. The principal issue here involved relates to application of the "parol evidence" rule. Because we find that this case calls for application of the parol evidence rule under...

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