I wonder if Calcanis didn't accept the 10% offering as his eventual intent was go for 50% with this sort of action. It's one reason not to actually accept anyth

I wonder if Calcanis didn't accept the 10% offering as his eventual intent was go for 50% with this sort of action. It's one reason not to actually accept anything, the belief that by leaving it materially open one can get more later. If he had accepted 10% would he still have the same standing to sue?