Mighty Motors needed to sell cars at year-end, because sales were slow and it needed to make room for its 2005 vehicles. Mighty Motors placed the following advertisement in the newspaper:
BUY NOW! Buy a 2004 United Motor car now and, when the 2005 models come out, we’ll trade even for your 2004. Your 2005 model will be the same model, accessory group, etc., as the 2004 that you buy now. A sure thing for you—a gamble for us, but we’ll risk it! Hurry! This offer is good only during September. Buyer responsible for license, fees, and taxes.
Mr. and Mrs. Johnson were in the market for a new car. They visited Mighty Motors on September 20th. They bought a 2004 United Motors Stingbird on the same day. When the Johnsons got home, they saw for the first time the ad that is shown above. They looked at each other and smiled.
When the 2005 cars came out, the Johnsons went back to Mighty Motors and requested a 2005 United Motors Stingbird. Mighty Motors refused, stating that the Johnsons failed to tell the salesman that they were taking advantage of newspaper ad. They had even failed to mention the ad. The Johnsons sue. Who will win, and why?