Baxter v. Ford Motor Co.
Supreme Court of Washington
12 P.2d 409 (Wash. 1932)
Baxter (plaintiff) bought a car manufactured by Ford (defendant) from an independent dealer, St. John Motors. Ford's own sales catalogs, distributed to dealers and consumers, represented that all new Ford cars had a 'shatter-proof' Triplex glass windshield that would not shatter under the hardest impact. While Baxter was driving, a pebble struck and cracked the windshield, sending glass into his eye and causing him to lose the eye. Baxter sued Ford and St. John, but the trial court directed a verdict for both defendants and excluded Ford's catalogs from evidence. Baxter appealed.
Whether a manufacturer is liable to a consumer for breach of an express warranty when there is no privity between the manufacturer and the consumer.