Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)

Citation: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Parent Document: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Jurisdiction: New Hampshire (state)
Effective Date: 2022-07-20
Original Source: https://www.courtlistener.com/opinion/10271738/jerry-gaucher-v-gary-e-waterho... ↗

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DONOVAN, J. The plaintiff, Jerry Gaucher, appeals an order of the
Superior Court (Schulman, J.) denying his claim for payment of a $20,000
lease termination fee and awarding one of the defendants, Waterhouse Realty
Trust (the Trust), costs associated with a separate eviction proceeding against
the plaintiff. The plaintiff argues that the court erred by: (1) finding that he,
and not the defendants, materially breached a lease termination agreement
(LTA); (2) awarding the Trust costs incurred in the separate eviction proceeding;
and (3) awarding no damages in connection with the court’s prior final default
judgment against another defendant, Kevin Waterhouse.
       We conclude that the trial court properly found that the plaintiff, and not
the defendants, materially breached the LTA and, therefore, he has no right to
the termination fee. However, because the defendants assigned all of their
rights set forth in the LTA to a third party, we also conclude that the trial court
erred in finding that the Trust was entitled to the costs associated with the
plaintiff’s eviction. Finally, we affirm the trial court’s reconsideration of its
prior default judgment order against Kevin Waterhouse. Accordingly, we affirm
in part, reverse in part, and remand.

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