Terry sells her successful Chick-Fil-A franchise location to Simon for $100,000. In the contract, Terry stipulates that the sale proceeds go to the charity Fellowship Athletes. Terry intended that Fellowship Athletes receive the $100,000 as a gift to help the charity further its mission. Despite signing the contract, Simon disapproves of the charity and sends the payment directly to Terry. Fellowship Athletes learns that Simon has sent the payment directly to Terry. For the past several months, no one can locate Terry. Fellowship Athletes has decided to bring suit to collect the $100,000 donation. Discuss the likely outcome if the suit is brought against Simon