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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 August 13, 2003, Edwards filed a motion to compel RAL to post the irrevocable letter of credit. RAL objected and alleged, among other things, that Edwards had served Minato with a notice to quit in an attempt to terminate its tenancy as of September 1, 2003. Following a hearing, the Superior Court (McHugh, J.) denied the motion. The court found that circumstances had changed since the issuance of Judge Hollman’s order and that Edwards no longer needed the security of a letter of credit. Specifically, the court noted that Edwards had elected “to evict the current tenant and, thus, put an end to his rent stream.” Thus, the court concluded, Edwards was the cause of any loss of rent he would suffer. Edwards filed a motion for reconsideration, which the court denied.