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 2021, the Superior Court (Schulman, J.) entered judgment in
favor of the remaining defendants. The court first found that the plaintiff
terminated his tenancy when he vacated the premises prior to June 15.
Further, the court determined that the Trust did not commit a material breach
of the contract by failing to pay the lease termination fee on July 1. The court
reasoned that the contract did not provide that time was of the essence and
that the precise date of payment was not essential to the contract. Moreover,
the court reasoned that “[e]ven if” the Trust did commit a material breach by
failing to pay, the plaintiff “had no right to re-enter the premises and re-take
possession.” The court explained that a “material breach excuses the non-
breaching party from future performance” and “does not entitle the non-
breaching party to unilaterally claw back past performance.” (Emphases
omitted.)

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