Lonny owned Gold Acre, a 40-acre tract of land improved with a one-story house. Lonny leased Gold Acre to Truman for a 15-year period. After five years had expired, the government condemned 15 acres of the property for road construction and allocated the compensation award to Lonny and Truman according to the respective interest so taken. It so happened, however, that Truman had used the 15 acres taken by the government to store vehicles necessary in Truman's work. Truman knew of no other place nearby where he could store the vehicles. There is no applicable statute in the jurisdiction where the property is located, nor any provision in the lease relating to the condemnation. Truman quit possession, claiming that he could no longer live in the premises if he could not park the vehicles needed in his work close to where he lived. Lonny brought suit against Truman to recover rent. The most likely result of this suit is that Lonny will:
A. Prevail, because the relationship of landlord and tenant was unaffected by the condemnation, thus leaving Truman still obligated to pay rent.
B. Prevail, 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.
C. Not prevail, because there has been a breach of the implied covenant of quiet enjoyment by Lonny's inability to provide Truman with possession of the whole of the property for the entire term.
D. Not prevail, because there has been a frustration of purpose that excuses Truman from further performance of his contract to pay rent.
Choose A, B, C or D as your solution.
A