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Halp Bros--Old Law Firm Stole My Couch
| frozen sepia parlor | 10/04/12 |
| bateful kitchen | 10/04/12 |
| cowardly arrogant site partner | 10/04/12 |
| ivory dilemma | 10/05/12 |
| marvelous mauve wrinkle love of her life | 10/04/12 |
| Duck-like gaping market | 10/04/12 |
| Red Filthpig | 10/04/12 |
| Know-it-all Fortuitous Meteor | 10/04/12 |
| maniacal multi-colored striped hyena | 10/04/12 |
| ivory dilemma | 10/04/12 |
| Big honey-headed voyeur | 05/12/22 |
| ivory dilemma | 10/04/12 |
| apoplectic trailer park | 10/04/12 |
| ivory dilemma | 10/04/12 |
| Spectacular crimson abode codepig | 10/04/12 |
| laughsome burgundy native double fault | 10/05/12 |
| racy base | 10/05/12 |
| ivory dilemma | 10/05/12 |
| Turquoise rehab | 10/05/12 |
| ivory dilemma | 10/05/12 |
| Olive stirring marketing idea | 10/05/12 |
| Mind-boggling plum community account theatre | 08/22/13 |
| razzle-dazzle crackhouse | 05/27/17 |
| Cerebral claret coldplay fan | 07/19/17 |
| Spruce center shitlib | 10/05/12 |
| ivory dilemma | 10/05/12 |
| ivory dilemma | 11/28/12 |
| supple nursing home tattoo | 12/06/13 |
| dull boyish circlehead generalized bond | 12/06/13 |
| Red Filthpig | 05/27/17 |
| lavender meetinghouse becky | 05/12/22 |
| Floppy whorehouse stock car | 10/04/12 |
| ivory dilemma | 10/04/12 |
| Floppy whorehouse stock car | 10/04/12 |
| ivory dilemma | 10/04/12 |
| Cerebral claret coldplay fan | 10/04/12 |
| ivory dilemma | 10/04/12 |
| pungent aquamarine puppy philosopher-king | 10/04/12 |
| ivory dilemma | 10/04/12 |
| Soul-stirring mother heaven | 10/05/12 |
| 180 offensive reading party lay | 10/05/12 |
| ivory dilemma | 10/05/12 |
| appetizing theater son of senegal | 05/27/17 |
| Mind-boggling plum community account theatre | 12/06/13 |
| Red Filthpig | 05/27/17 |
| lascivious translucent locale | 07/19/17 |
| mischievous kitty cat plaza | 07/19/17 |
| Big honey-headed voyeur | 08/28/21 |
Poast new message in this thread
Date: October 4th, 2012 5:28 PM Author: frozen sepia parlor I worked at a firm and recently left. When I first started with this firm, I purchased a couch to nap on between 2pm and 3pm each day, schedule permitting. I was packing up my office last weekend and brought a friend along to help move the couch out. The partner happened to be there and said "not so fast, that's my couch." I calmly explained I had purchased it and brought it in to the office to nap on. He called it an "abandoned fixture" and said under some county ordinance it belonged to him. Halp. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716858) |
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Date: October 4th, 2012 7:14 PM Author: bateful kitchen take it and make him stop you (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717732) |
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Date: October 4th, 2012 11:50 PM Author: cowardly arrogant site partner Lmao! (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719984) |
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Date: October 5th, 2012 11:10 AM Author: ivory dilemma (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011) |
Date: October 4th, 2012 5:32 PM Author: marvelous mauve wrinkle love of her life what state? (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716895) |
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Date: October 4th, 2012 6:23 PM Author: Duck-like gaping market lol (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717373) |
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Date: October 4th, 2012 6:30 PM Author: Red Filthpig lol (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717412) |
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Date: October 4th, 2012 6:35 PM Author: Know-it-all Fortuitous Meteor (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717441) |
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Date: October 4th, 2012 6:39 PM Author: maniacal multi-colored striped hyena fuckin' steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717460) |
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Date: October 4th, 2012 11:17 PM Author: ivory dilemma shitlaw steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719624) |
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Date: May 12th, 2022 4:18 PM Author: Big honey-headed voyeur (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501339) |
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Date: October 4th, 2012 6:46 PM Author: ivory dilemma If I recall correctly from my 1L property class, you may have a right to the furniture. The common law rule is that whatsoever is fixed to the realty is thereby made a part of the realty to which it adheres. However, the new, prevailing rule is that tenants may remove whatever they install for the purpose of carrying on a trade (i.e. trade fixtures), provided that they can be uninstalled without injury to the premises, and that such removal is effected before they yield possession of the premises. Arguably, the couch was a trade fixture--you put it in your office for the purpose of aiding you in carrying on your trade as a lawyer. Given that you can remove it without injury to the premises, and because you haven't completely yielded possession of the premises, I think you have a colorable claim that you have a right to that couch, notwithstanding any extant ordinances. The rationale behind this rule is that it is conducive to trade and commerce. The tenant installs things for the benefit of carrying on his trade, not to enhance the landlord's realty.
You should also be aware that there are other theories that may be applied to these circumstances, depending on what jurisdiction you're in. There is the institutional theory: additions to the realty become a part of an economic unit, and therefore become the landlord's property.
I sincerely xoxohth. Let me know if you have any questions or if I need to clarify or expand on anything.
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Date: October 4th, 2012 7:08 PM Author: apoplectic trailer park 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717675) |
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Date: October 4th, 2012 10:07 PM Author: ivory dilemma (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718985) |
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Date: October 4th, 2012 10:08 PM Author: Spectacular crimson abode codepig Lol xoxo (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718995) |
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Date: October 5th, 2012 2:11 AM Author: laughsome burgundy native double fault The firm is the tenant. Analysis irrelevant unless the shitlaw firm is some sort of coöp structured like a salon where you rent your own chair/office. HTH (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720779) |
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Date: October 5th, 2012 4:26 AM Author: racy base Couches aren't fixtures of any type. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720974) |
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Date: October 5th, 2012 9:46 AM Author: ivory dilemma Ah, yes, well, because I'm a BIGLAW billy rather than a shitlaw steve, I would bring multiple claims if I was helping OP get his couch back. The aforesaid analysis is merely a possible argument if my other more cogent arguments fail. Look at it as a sort of quasi-landlord-tenant argument, perhaps. Surely, though, there is an argument to be made under the doctrine of finders. Let’s see what that analysis would look like, shall we? The rule of finders is that the finder of property has a right to that property against all the world except the true owner or prior possessor. In this case, OP is the true owner and prior possessor. Therefore, his boss does not have a right to that property. However, bossman is claiming that OP abandoned the couch. In order for one to abandon something, there must be an act of abandonment and intent to abandon. I’ll go ahead and concede that there was an act of abandonment; there is surely an argument that there was. However, OP never intended to abandon the property, as evidenced by his return to the premises in order to retrieve said property. Therefore, the property was not abandoned. Thus, again, OP has a colorable claim that he has a right to that couch.
Again, I sincerely xoxohth. Do let me know if I need to clarify or expand on anything.
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Date: October 5th, 2012 12:05 PM Author: Turquoise rehab This is so 180. Well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722470) |
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Date: October 5th, 2012 2:06 PM Author: ivory dilemma tyty (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723397) |
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Date: October 5th, 2012 2:17 PM Author: Olive stirring marketing idea 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723458) |
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Date: August 22nd, 2013 11:20 PM Author: Mind-boggling plum community account theatre 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#23915695) |
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Date: May 27th, 2017 2:49 PM Author: razzle-dazzle crackhouse (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409163) |
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Date: July 19th, 2017 2:11 PM Author: Cerebral claret coldplay fan Bigfinderskeeperslaw (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809764) |
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Date: October 5th, 2012 7:07 AM Author: Spruce center shitlib 180 if real, 180 if not real (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721095) |
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Date: October 5th, 2012 2:39 PM Author: ivory dilemma (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723576) |
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Date: November 28th, 2012 10:30 PM Author: ivory dilemma (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#22130665) |
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Date: December 6th, 2013 9:34 AM Author: supple nursing home tattoo (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579596) |
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Date: December 6th, 2013 2:24 PM Author: dull boyish circlehead generalized bond 180 well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24581212) |
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Date: May 27th, 2017 2:50 PM Author: Red Filthpig Couches don't even get installed. The doctrine you're looking for here is manifestly mislaid. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409172) |
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Date: May 12th, 2022 4:24 PM Author: lavender meetinghouse becky (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501373) |
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Date: October 4th, 2012 10:09 PM Author: Floppy whorehouse stock car Eh, I don't know about no couch but I'd probably be facing felony jail time if they added up all the office supplies I stole over the years.
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Date: October 4th, 2012 10:15 PM Author: ivory dilemma why do you steal from your employer bro? (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719060) |
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Date: October 4th, 2012 10:16 PM Author: Floppy whorehouse stock car I just have a thing for paper clips and post-it notes. I think I'm kinda planning to build a yacht out of post-its. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719075) |
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Date: October 4th, 2012 10:20 PM Author: ivory dilemma sweet good luck bro (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719119) |
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Date: October 4th, 2012 10:20 PM Author: Cerebral claret coldplay fan thought for sure this would be johnsmeyer (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719117) |
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Date: October 4th, 2012 10:24 PM Author: ivory dilemma It's one of his alts (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719163) |
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Date: October 4th, 2012 11:19 PM Author: pungent aquamarine puppy philosopher-king Flame. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719634) |
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Date: October 4th, 2012 11:43 PM Author: ivory dilemma cr (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719909) |
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Date: October 5th, 2012 9:18 AM Author: Soul-stirring mother heaven You are flame or the partner is a fucking idiot. In no way is a couch a fixture. In no way have you abandoned it. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721248) |
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Date: October 5th, 2012 12:08 PM Author: 180 offensive reading party lay Fuck yo couch!
Buy another one you rich motherfucker!
Darkness is! Darkness is! |
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Date: October 5th, 2012 6:42 PM Author: ivory dilemma (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21725143) |
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Date: May 27th, 2017 2:59 PM Author: appetizing theater son of senegal (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409210) |
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Date: December 6th, 2013 9:29 AM Author: Mind-boggling plum community account theatre (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579568) |
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Date: May 27th, 2017 2:50 PM Author: Red Filthpig Please sue. Best law suit ever. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409168) |
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Date: July 19th, 2017 2:01 PM Author: lascivious translucent locale (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809690) |
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Date: July 19th, 2017 2:33 PM Author: mischievous kitty cat plaza lol no not a fucking fixture. And even if it was ... ? your an employee (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809893) |
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Date: August 28th, 2021 12:54 PM Author: Big honey-headed voyeur (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653) |