S.S.I. INVESTORS LTD. v. KOREA TUNGSTEN MINING CO., LTD.


55 N.Y.2d 934 (1982)

S.S.I. Investors Limited, Appellant, v. Korea Tungsten Mining Co., Ltd., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 11, 1982.


Attorney(s) appearing for the Case

Matthew Dollinger for appellant.

Jeffrey Barist and Robert W. Griffith for Nova-Park New York, Inc., N. V., respondent.

Paul William Siegert for Korea Tungsten Mining Co., Ltd., respondent, precluded.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG concurs in a separate memorandum; Judge JASEN taking no part.


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...

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