SSI INVESTORS LTD. v. Korea Tungsten Mining Co., Ltd.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The purported “bid” submitted by appellants, including as an undifferentiated alternative to the specified figure of $556,000, “One dollar ($1.00) more than the highest bidding price you have received for the above property”, was not definite and certain. It did not specify which alternative was to be taken by the owner as the price offered; there was no determinative modifier, as, for instance, “whichever is the higher”.

Even if it were to be concluded that this deficiency was remedied by…