Under general contract law principles, in order to be validly accepted, an offer must be communicated to the offeree prior to the offeror's death, otherwise it lapses. While this rule does not apply to option contracts under the Second Restatement of Contracts, Section 37, the Superior Court concluded that, based on the authority of Bosses v. Mahalsky, 365 Pa. 184, 74 A.2d 93 (1950), Pennsylvania does not recognize this exception to the general rule. Hence, there was no lawful acceptance of the "option contract" in the instant case.
Having reached this determination, however, we must now consider whether the 1917 contract was rendered void under the Married Women's Property Act, supra, because James Niel failed to add his signature to that of Clara Niel. Unquestionably, at the time Clara Niel signed the challenged document, the legal efficacy of her actions were governed by the provisions of the Act. See Bosses v. Mahalsky, 365 Pa. 184, 74 A.2d 93 (1950) (during the period when the Married Women's Property Act was in effect, a married woman lacked the capacity either to contract for the sale of her land or to convey it except in the manner prescribed by statute). Although the Act was amended in 1945, 1947 and 1951, its provisions were as follows on the relevant date:
However, we found no cases to show that Pennsylvania follows these sections of the Restatement 2d of Contracts. Rather, in Bosses et al. v. Mahalsky et al., 365 Pa. 184, 74 A.2d 93 (1950), the Pennsylvania Supreme Court held that the option in question was defective and this defect became incurable by the optionor's death. Finally, appellants contend in the alternative, that the "Award of Options" granted to appellants by Robert Biggins, constituted a valid gift inter vivos.
Under the provisions of the Act of June 8, 1893, P.L. 344, 48 P.S. 32, which authorized married women to make certain contracts, a married woman did not have the capacity to convey real estate without her husband's joinder. See Bosses v.Mahalsky, 365 Pa. 184, 74 A.2d 93. There were some exceptions to this rule. The rights and powers of married women as to property and contracts were enlarged by the Act of July 17, 1957, P.L. 969, 48 P.S. 32.1, which reads as follows: "Hereafter, a married woman shall have the same right and power as a married man to acquire, own, possess, control, use, convey, lease or mortgage any property of any kind, real, personal, or mixed, either in possession or in expectancy, or to make any contract in writing or otherwise, and may exercise the said right and power in the same manner and to the same extent as a married man".