Shaffer ordered a glass of rosé wine at the Victoria Station Restaurant. As he took his first sip of wine, the glass broke in his hand, causing permanent injuries. Shaffer brought suit against the restaurant for breach of warranty of merchantability.
The restaurant's position was that because it did not sell the wine glass to Shaffer (only its contents), it was not a merchant with respect to the glass and therefore made no warranty. Do you agree with the restaurant? Why or why not?
Shaffer v. Victoria Station, Inc., 588 P.2d 233 (WA)