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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The record demonstrates that the purpose of the LTA and the
termination fee was to secure the plaintiff’s permanent separation from the
premises. Describing the purpose of the LTA, the plaintiff testified that the
Trust “approached [him] because the new owners didn’t want a food vendor
there” and “they negotiated a buyout so that [he] would leave.” Indeed, the
record demonstrates that the parties negotiated a price for the lease
termination that would appropriately compensate the plaintiff for vacating the
property. The LTA reflects this purpose, as it includes no reference to a
subsequent property sale and, instead, only describes the terms and conditions
of the termination of the plaintiff’s tenancy. Accordingly, we conclude that the
plaintiff materially breached the LTA and that the trial court did not err by
denying the plaintiff’s claim to the lease termination fee on that basis.

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