Zermath, a professional football player, was disabled while on a camping trip with his friends in the summer of $2001.$ This disability prevented Zermath from playing football in the fall season of that year. Two years earlier Zermath had made a contract of insurance with AllSafe Assurance Company that stipulated professional football players suffering temporary disabilities that prevented them from playing for up to two seasons would receive a sum of money equivalent to two$-$thirds of what they would have earned for the time they were disabled. As Zermath would lose $$325,000$ if he did not play the fall season, he received the sum of $$216,000$ in October. Before receiving that money, Zermath had to sign a form in which he promised the following: $$I undertake that I will not in the future play football professionally and for hire until on or after January $1,2002,$ and should I do so$,$ I shall repay all the insurance moneys that I have received.$($That promise was a term in the original contract.$)$ However, by early November, Zermath appeared to have recovered sufficiently from his injuries to obtain employment with his team. His team paid him id$=$"mce$\_$marker"$68,000.$ AllSafe is now demanding return of the $$216,000$; Zermath is refusing to pay anything.