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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       We find no error in the trial court’s finding that the Trust’s failure to pay
the lease termination fee on July 1 did not constitute a material breach of the
contract. “Time is generally not of the essence in a contract, unless the
contract specifically so states, even if a particular time schedule is specified.”
Id. (holding that one party’s delay in payment did not constitute a material
breach of the contract and thus did not excuse the other party’s
nonperformance). Here, the plaintiff does not dispute that the LTA did not
indicate that time was of the essence with respect to the payment of the lease
termination fee. Further, the evidence suggests that the purpose of the LTA
was to terminate the plaintiff’s tenancy and that the plaintiff understood that a
delay in payment was possible based upon the timing of the closing of the real
estate transfer to Klemm. The LTA reflects this understanding by providing for
a two-week gap between termination of the tenancy and payment of the
termination fee.

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