Logourl black
From our private database of 13,800+ case briefs...

Echo Consulting Services, Inc. v. North Conway Bank

Supreme Court of New Hampshire
669 A.2d 227 (1995)


Facts

Echo Consulting Services (Echo) (plaintiff) was a tenant in a building that was later purchased by North Conway Bank (North Conway) (defendant). The lease granted, inter alia, “common right of access thereto [and] common use of the parking lot.” North Conway assumed the lease and became Echo’s landlord. The building underwent renovations, as a result of which Echo also complained of noise, dirt, and occasional power outages. The construction also made the rear parking lot inaccessible. North Conway changed the locks to one of the building’s two entrances; thus Echo employees could use only the back entrance after regular business hours. Echo claimed that access through even that entrance was obstructed and difficult. The parties dispute the extent of these interferences. Echo sued North Conway, claiming that all these disruptions effected a constructive eviction, partial actual eviction, and breach of an implied covenant of quiet enjoyment. The Superior Court ruled against Echo on all its claims. Echo appealed, arguing that the trial court erred in not finding a constructive or actual eviction and that it applied the wrong legal test regarding quiet enjoyment.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Brock, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.