Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)

Citation: Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)
Parent Document: Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)
Jurisdiction: New Hampshire (state)
Effective Date: 2005-05-20
Original Source: https://www.courtlistener.com/opinion/8093024/matte-v-shippee-auto-inc/ ↗

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In addition, leases have come to be viewed by many courts as more properly analyzed under contract law rather than property law. See, e.g., Teodori v. Werner, 415 A.2d 31, 33 (Pa. 1980). Thus, it has been noted that the independent covenants rule “may be shifting somewhat due to the increasing influence of contract law on interpretation of leases.” South Forks Shopping Ctr. v. Dastmalchi, 446 N.W.2d 440, 443 (N.D. 1989). For many of the foregoing reasons, courts in a number of States have adopted the view, even in the context of commercial leases, that the tenant’s and the landlord’s covenants are dependent. See Terry v. Gaslight Square Associates, 897 P.2d 667, 672 (Ariz. Ct. App. 1994); Wesson, 774 N.E.2d at 621; Teodori, 415 A.2d at 34; Richard Barton Enterprises, 928 P.2d at 378.

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