Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)

Citation: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Parent Document: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Jurisdiction: New Hampshire (state)
Effective Date: 1995-12-29
Original Source: https://www.courtlistener.com/opinion/8091585/penrich-inc-v-sullivan/ ↗

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The defendants first point to the fact that Penrich never appealed section C of the 1991 order, which authorized continued withholding of the rental increase by members of the tenants’ association. We think this section cannot be read in isolation from sections A and B, which we reversed with respect to the remaining tenants in Penrich 1. Section C authorizes continued withholding “[a]s security for the performance of the within orders.” This section is therefore contingent on the plaintiff’s obligations under sections A and B. Because sections A and B were reversed with respect to the remaining tenants, section C no longer authorizes these tenants to withhold the rental increase.

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