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This section contains the nature of the case and procedural background.

P purchased a Model A Ford town sedan from St. John Motors (D1), a Ford dealer, who had acquired the automobile in question by purchase from D. P claims that representations were made to him by both Ds that the windshield of the automobile was made of non-shatterable glass which would not break, fly or shatter. While P was driving the automobile, a pebble from a passing car struck the windshield of the car in question, causing small pieces of glass to fly into P's left eye, resulting in the loss thereof. P brought this action for damages for the loss of his left eye, and injuries to the sight of his right eye. D defended on grounds that there is no privity of contract, and no implied or express warranty. The trial court refused to admit into evidence D's printed catalogs and other printed matter furnished to its distributor for dissemination and sales assistance. At the conclusion of P's testimony, the court took the case from the jury and entered judgment Ds. P appealed.

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