Baxter (plaintiff) bought a car from St. John Motors (St. John). The car was manufactured by Ford Motor Co. (Ford) (defendant). Catalogs distributed by Ford about the car contained statements that "[a]ll of the new Ford Cars have a Triplex shatter-proof glass windshield" and that the glass was "so made that it will not fly or shatter under the hardest impact." One day while Baxter was driving, a pebble cracked his windshield, causing pieces of glass to go into his eye and resulting in the loss of one of his eyes. Baxter sued Ford and St. John. At the close of Baxter's case, the trial court directed a verdict for the defendants. In doing so, the trial court refused to admit as evidence sales catalogues Ford had given to St. John containing the warranties that the windshields in the model that Baxter bought were shatter-proof. Baxter appealed to the Supreme Court of Washington.