Yes, Rubio will be able to successfully sue and collect the $1,000 later because their agreement was not fulfilled.
In contract, an agreement is an element of what makes a contract valid. When an agreement is breached, then, the aggrieved party have a right to void the contract.
In conclusion, the answer is yes because Rubio will be able to successfully sue and collect the $1,000 later because their agreement was not fulfilled.
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