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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On appeal, the plaintiff first argues that the court erred in finding that he
materially breached the LTA by reoccupying the premises and thus was not
entitled to the $20,000 lease termination fee. In his view, the Trust materially
breached the LTA by not paying the termination fee on July 1, which excused
his obligation to vacate the premises. When reviewing a trial court’s decision
rendered after a trial on the merits, we will uphold the trial court’s factual
findings and rulings unless they lack evidentiary support or are legally
erroneous. Loon Valley Homeowner’s Ass’n v. Pollock, 171 N.H. 75, 78 (2018).
We do not decide whether we would have ruled differently than the trial court,
but, rather, whether a reasonable person could have reached the same decision
based upon the same evidence. Id. We defer to the trial court’s judgment on
such issues as resolving conflicts in the testimony, measuring the credibility of
witnesses, and determining the weight to be given to the evidence. Id. It is
within the province of the trial court to accept or reject, in whole or in part,
whatever evidence was presented. Id. We review the trial court’s application of
the law to the facts de novo. Id.

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