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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The parties do not dispute that the Waterhouse brothers and the Trust
assigned their rights under the LTA to Klemm. Furthermore, the record
demonstrates that the assignment occurred before Klemm initiated the eviction
action against the plaintiff and that Gary Waterhouse, and not the Trust,
agreed to cover the costs of the eviction on behalf of Klemm. Indeed, at the
bench trial, Gary Waterhouse testified that he alone was obligated to evict the
plaintiff. No evidence was presented to the trial court suggesting that, when
the Trust and its trustees assigned their rights to the lease and the LTA to
Klemm, the Trust or its trustees reserved any of their indemnity rights or
interests set forth in the LTA. Nor was there any evidence suggesting that
Klemm subsequently reassigned those rights to the Trust or its trustees.

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