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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According to the plaintiff, he ceased operating his restaurant, removed
most of his equipment, and vacated the premises at some point prior to June
15. On June 29, the trustees transferred ownership of the property from the
Trust to themselves in their individual capacities. On July 1, the Trust failed
to pay the plaintiff the $20,000 termination fee. Gary Waterhouse informed the
plaintiff that, because he had not yet closed the sale of the property to Klemm,
he lacked the funds to pay the fee. In response, at some point in July, the
plaintiff reoccupied the premises and resumed operating his restaurant without
the property owners’ authorization. Thereafter, on July 27, the Waterhouse
brothers closed the sale of the property to Klemm. The next day, the
Waterhouse brothers, in their individual capacities and as successors in
interest to the Trust, assigned all of their rights, title in and to the LTA to
Klemm. On the same day, Gary Waterhouse’s counsel offered the plaintiff the
$20,000 lease termination fee if he agreed to vacate the premises and abandon
any claim to lawful possession of the leased premises. The plaintiff refused to
leave, claiming that the Trust’s failure to pay the $20,000 on July 1 “rescinded”
the LTA and resurrected his tenancy.

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