Jerry Gaucher v. Gary E. Waterhouse

Summary

The Supreme Court held that the Trust did not materially breach the lease termination agreement by missing the July 1 payment, that the plaintiff materially breached by re‑occupying the premises, that the Trust was not entitled to indemnification costs because it had assigned its rights to Klemm, and that the trial court properly reconsidered the default judgment against Kevin Waterhouse. Accordingly the court affirmed the trial court’s findings on the breach issues, reversed the award of costs to the Trust, and remanded for a determination of the security‑deposit claim.