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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

749 chars
While representations were made at oral argument about the status of the property after the eviction of Minato, there is no evidence in the record regarding these representations. No factual findings have been made as to whether the lease is ongoing, is in breach, or has been terminated. Because such findings are crucial to a determination of whether enforcement of the obligation to post a letter of credit would be both available and equitable, we .vacate Judge McHugh’s orders.'We remand for a determination of whether the. lease is ongoing, in which case enforcement may, in the trial court’s discretion, be available, or whether the lease has been breached or terminated, making an action for damages the more appropriate vehicle for relief..