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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Finally, the court found that the indemnification provision in the LTA
required the plaintiff to indemnify the Trust for the costs of the separate
eviction proceeding with interest. The court reasoned that the indemnification
provision anticipated “precisely this type of expense” and that the “expense was
due solely to [the plaintiff’s] material breach of the agreement.” The court offset
the costs incurred by the Trust in the eviction proceeding with the plaintiff’s
$1,500 security deposit from the original five-year lease. The plaintiff moved
for reconsideration, arguing, in part, that the court erred by ruling that the
plaintiff is not entitled to damages based upon the prior default judgment
against Kevin Waterhouse. The court denied the motion, explaining that Kevin
Waterhouse’s “liability was never previously determined” and that the court’s
final order provides that the “amount is $0.00.” This appeal followed.

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