Lester, the owner in fee simple of a small farm consisting of 30 acres of land improved with a house and several outbuildings, leased the same to Tanner for a 10-year period. After two years had expired, the government condemned 20 acres of the property and allocated the compensation award to Lester and Tanner according to their respective interest so taken. It so happened, however, that the 20 acres taken embraced all of the farm's tillable land, leaving only the house, outbuildings, and a small woodlot. There is no applicable statute in the jurisdiction where the property is located nor any provision in the lease relating to condemnation. Tanner quit possession, and Lester brought suit against him to recover rent. Lester will
lose, because there has been a frustration of purpose which excuses Tanner from further performance of his contract to pay rent.  lose, because there has been a breach of the implied covenant of quiet enjoyment by Lester's inability to provide Tanner with possession of the whole of the property for the entire term.  win, because of the implied warranty on the part of the tenant to return the demised premises in the same condition at the end of the term as they were at the beginning.  win, because the relationship of landlord and tenant was unaffected by the condemnation, thus leaving Tanner still obligated to pay rent.