Gaucher v. WaterhouseAnnotate this Case
Plaintiff Jerry Gaucher appealed a superior court order denying his claim for payment of a $20,000 lease termination fee and awarding one of the defendants, Waterhouse Realty Trust (the Trust), costs associated with a separate eviction proceeding against plaintiff. Plaintiff argued the court erred by: (1) finding that he, and not defendants, materially breached a lease termination agreement (LTA); (2) awarding the Trust costs incurred in the separate eviction proceeding; and (3) awarding no damages in connection with the court’s prior final default judgment against another defendant, Kevin Waterhouse. After review, the New Hampshire Supreme Court concluded the trial court properly found that plaintiff, and not defendants, materially breached the LTA and, therefore, he had no right to the termination fee. However, because defendants assigned all of their rights set forth in the LTA to a third party, the Supreme Court also concluded the trial court erred in finding that the Trust was entitled to the costs associated with plaintiff’s eviction. Lastly, the Supreme Court affirmed the trial court’s reconsideration of its prior default judgment order against Kevin Waterhouse.