On January 1, Damon, for consideration, orally make promise to pay Gary $300 a month for as long as Gary lived, with payments to be made on the 1st day of every month. Damon made the payments regularly for nine months and then made no further payments. Gary claimed that Damon had breached the oral contractor and sued Damon for damages. Damon contended that the contract was unenforceable because, under the Statute of Frauds, contracts that cannot be performed with in one year must be in writing. Discuss whether Damon will succeed in this defense.