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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In May 2015, the Trust began negotiating the sale of the property to
Klemm’s Corner, LLC (Klemm), which did not want to assume the
landlord/tenant relationship with the plaintiff after the transfer of the property.
The plaintiff agreed to accommodate the Trust by relinquishing his rights
under the lease in exchange for a $20,000 lease termination fee. The plaintiff
anticipated that the termination fee would allow him to relocate and resume
his restaurant operation without incurring a financial loss. Accordingly, the
plaintiff and the Trust executed the LTA, by which the plaintiff agreed to vacate
the premises by June 15, 2015 and to “indemnify[] and hold[] harmless the
Landlord from any and all actions, claims, costs, demands, expenses, fines,
liabilities and suits of any nature whatsoever.” In exchange, the Trust agreed
to pay the plaintiff $20,000 on July 1, 2015.

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