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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

RAL Automotive Group, Inc. v. Edwards, 151 N.H. 497 (2004)

Citation
RAL Automotive Group, Inc. v. Edwards, 151 N.H. 497 (2004)
Parent Document
RAL Automotive Group, Inc. v. Edwards, 151 N.H. 497 (2004)
Jurisdiction
New Hampshire (state)
Effective Date
2004-11-30

Full Text

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On April 28,2003, the Superior Court (Hollman, J.) ruled that Edwards “acted reasonably” in refusing to consent to assignment of the lease and that the assignment was void. Accordingly, the court ruled that “RAL remains the tenant under the Lease” and that Minato was a tenant at will. The court found that “there was a clear change in the Toyota dealer from RAL to Minato as of September 5, 2001,” and ruled that under the terms of the court order approving the parties’ settlement agreement, “Edwards [wa]s no longer entitled to invest the escrow funds in a certificate of deposit.” The court ruled, however, that “[e]ven with a new Toyota dealer on the Premises, the court’s order still requires RAL to ‘purchase an irrevocable letter of credit ... to serve as a security deposit under the lease in place of the CD.’ ”