When Esther, Gray's 21-year-old daughter, finished college, Gray handed her a signed memorandum stating that if she would go to law school for three academic years, he would pay her tuition, room, and board and would "give her a $1,000 bonus" for each "A" she got in law school. Esther's uncle, Miller, who was present on this occasion, read the memorandum and thereupon said to Esther, "and if he doesn't pay your expenses, I will." Gray paid her tuition, room, and board for her first year but died just before the end of that year. Subsequently, Esther learned that she had received two "A's" in the second semester. The executor of Gray's estate has refused to pay her anything for the two "A's" and has told her that the estate will no longer pay her tuition, room, and board in law school.In an action by Esther against Miller on account of the executor's repudiation of Gray's promise to pay future tuition, room, and board, which of the following would be Miller's strongest defense?
The parties did not manifestly intend a contract. Gray's death terminated the agreement. The agreement was oral. The agreement was divisible.