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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Absent a statute or evidence in the record to the contrary, we presume
that the plaintiff’s claims against the Trust and Gary and Kevin Waterhouse for
the $20,000 lease termination fee and the return of the $1,500 security deposit
are rooted in joint liability. See 17A Am. Jur. 2d Contracts § 421, at 405
(2004) (“[A]n obligation undertaken by two is presumably joint in the absence
of express words to render it several or joint and several, or of terms of a
promise considered in the light of the surrounding circumstances indicating an
intention to be bound severally, or jointly and severally, or of a statute
declaring every contract, though joint in its terms, to be several as well as
joint.”). Therefore, the default judgment against Kevin Waterhouse was not
final until the claims against Gary Waterhouse and the Trust were fully
adjudicated. See Frow, 82 U.S. at 554.

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