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Form MS 35A BILL of SALE Body Corporate

Form MS 35A BILL of SALE Body Corporate

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If the case of 711 Kings Highway Corporation versus F.I.M.’s Marine Repair Service, Incorporated were made into a movie, the trailer would begin, "Who knew that the common law and a statute would end up in a duel over a simple rental contract?!?" Fortunately, it’s unlikely the case would ever hit the silver screen. However, it’s an interesting illustration of the interaction between common and statutory law in a surprising context. In 1965, 711 Kings Highway Corporation, or Kings, leased real estate to F.I.M.’s, Marine Repair Service, Incorporated, or FIMS, pursuant to a written lease agreement. The 15-year lease provided that FIMS would operate a movie theatre on the leased premises. ing to Kings, other than the $5,000 security deposit FIMS tendered, the lease remained entirely executory. Kings filed a complaint against FIMS, seeking either a declaratory judgment that the parties’ lease was invalid or rescission of the lease, as well as an injunction preven

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