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Halp Bros--Old Law Firm Stole My Couch

I worked at a firm and recently left. When I first started w...
zombie-like provocative sanctuary dingle berry
  10/04/12
take it and make him stop you
Titillating fishy plaza
  10/04/12
Lmao!
orchid office
  10/04/12
...
Painfully honest sickened affirmative action
  10/05/12
what state?
beady-eyed newt tanning salon
  10/04/12
lol
Irradiated Turdskin Corn Cake
  10/04/12
lol
Lemon Hell
  10/04/12
...
hyperventilating navy dopamine kitchen
  10/04/12
fuckin' steve
Indigo Racy Crotch Queen Of The Night
  10/04/12
shitlaw steve
Painfully honest sickened affirmative action
  10/04/12
...
talented red idiot
  05/12/22
If I recall correctly from my 1L property class, you may hav...
Painfully honest sickened affirmative action
  10/04/12
180
learning disabled hairraiser organic girlfriend
  10/04/12
...
Painfully honest sickened affirmative action
  10/04/12
Lol xoxo
Fluffy space regret
  10/04/12
The firm is the tenant. Analysis irrelevant unless the shitl...
Wine Cracking Senate
  10/05/12
Couches aren't fixtures of any type.
Vigorous federal stead ceo
  10/05/12
Ah, yes, well, because I'm a BIGLAW billy rather than a shit...
Painfully honest sickened affirmative action
  10/05/12
This is so 180. Well done.
Self-absorbed appetizing temple tattoo
  10/05/12
tyty
Painfully honest sickened affirmative action
  10/05/12
180
Milky Mewling Principal's Office Nibblets
  10/05/12
180
Hyperactive Violet Selfie Locale
  08/22/13
...
white pervert dysfunction
  05/27/17
Bigfinderskeeperslaw
Bespoke dragon
  07/19/17
180 if real, 180 if not real
grizzly garrison
  10/05/12
...
Painfully honest sickened affirmative action
  10/05/12
...
Painfully honest sickened affirmative action
  11/28/12
...
Swashbuckling hideous institution
  12/06/13
180 well done.
fuchsia unhinged property
  12/06/13
Couches don't even get installed. The doctrine you're looki...
Lemon Hell
  05/27/17
...
Misanthropic lake box office
  05/12/22
Eh, I don't know about no couch but I'd probably be facing f...
Umber dilemma wagecucks
  10/04/12
why do you steal from your employer bro?
Painfully honest sickened affirmative action
  10/04/12
I just have a thing for paper clips and post-it notes. I thi...
Umber dilemma wagecucks
  10/04/12
sweet good luck bro
Painfully honest sickened affirmative action
  10/04/12
thought for sure this would be johnsmeyer
Bespoke dragon
  10/04/12
It's one of his alts
Painfully honest sickened affirmative action
  10/04/12
Flame.
Adventurous twinkling police squad
  10/04/12
cr
Painfully honest sickened affirmative action
  10/04/12
You are flame or the partner is a fucking idiot. In no way ...
judgmental pearl hospital foreskin
  10/05/12
Fuck yo couch! Buy another one you rich motherfucker! ...
Soul-stirring Meetinghouse Tank
  10/05/12
...
Painfully honest sickened affirmative action
  10/05/12
...
Flickering vivacious rehab
  05/27/17
...
Hyperactive Violet Selfie Locale
  12/06/13
Please sue. Best law suit ever.
Lemon Hell
  05/27/17
...
demanding soggy casino
  07/19/17
lol no not a fucking fixture. And even if it was ... ? your...
Maize 180 Really Tough Guy Filthpig
  07/19/17
...
talented red idiot
  08/28/21


Poast new message in this thread



Reply Favorite

Date: October 4th, 2012 5:28 PM
Author: zombie-like provocative sanctuary dingle berry

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)



Reply Favorite

Date: October 4th, 2012 7:14 PM
Author: Titillating fishy plaza

take it and make him stop you

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717732)



Reply Favorite

Date: October 4th, 2012 11:50 PM
Author: orchid office

Lmao!

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719984)



Reply Favorite

Date: October 5th, 2012 11:10 AM
Author: Painfully honest sickened affirmative action



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011)



Reply Favorite

Date: October 4th, 2012 5:32 PM
Author: beady-eyed newt tanning salon

what state?

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716895)



Reply Favorite

Date: October 4th, 2012 6:23 PM
Author: Irradiated Turdskin Corn Cake

lol

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717373)



Reply Favorite

Date: October 4th, 2012 6:30 PM
Author: Lemon Hell

lol

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717412)



Reply Favorite

Date: October 4th, 2012 6:35 PM
Author: hyperventilating navy dopamine kitchen



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717441)



Reply Favorite

Date: October 4th, 2012 6:39 PM
Author: Indigo Racy Crotch Queen Of The Night

fuckin' steve

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717460)



Reply Favorite

Date: October 4th, 2012 11:17 PM
Author: Painfully honest sickened affirmative action

shitlaw steve

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719624)



Reply Favorite

Date: May 12th, 2022 4:18 PM
Author: talented red idiot



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501339)



Reply Favorite

Date: October 4th, 2012 6:46 PM
Author: Painfully honest sickened affirmative action

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.



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717502)



Reply Favorite

Date: October 4th, 2012 7:08 PM
Author: learning disabled hairraiser organic girlfriend

180

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717675)



Reply Favorite

Date: October 4th, 2012 10:07 PM
Author: Painfully honest sickened affirmative action



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718985)



Reply Favorite

Date: October 4th, 2012 10:08 PM
Author: Fluffy space regret

Lol xoxo

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718995)



Reply Favorite

Date: October 5th, 2012 2:11 AM
Author: Wine Cracking Senate

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)



Reply Favorite

Date: October 5th, 2012 4:26 AM
Author: Vigorous federal stead ceo

Couches aren't fixtures of any type.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720974)



Reply Favorite

Date: October 5th, 2012 9:46 AM
Author: Painfully honest sickened affirmative action

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.



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721355)



Reply Favorite

Date: October 5th, 2012 12:05 PM
Author: Self-absorbed appetizing temple tattoo

This is so 180. Well done.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722470)



Reply Favorite

Date: October 5th, 2012 2:06 PM
Author: Painfully honest sickened affirmative action

tyty

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723397)



Reply Favorite

Date: October 5th, 2012 2:17 PM
Author: Milky Mewling Principal's Office Nibblets

180

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723458)



Reply Favorite

Date: August 22nd, 2013 11:20 PM
Author: Hyperactive Violet Selfie Locale

180

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#23915695)



Reply Favorite

Date: May 27th, 2017 2:49 PM
Author: white pervert dysfunction



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409163)



Reply Favorite

Date: July 19th, 2017 2:11 PM
Author: Bespoke dragon

Bigfinderskeeperslaw

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809764)



Reply Favorite

Date: October 5th, 2012 7:07 AM
Author: grizzly garrison

180 if real, 180 if not real

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721095)



Reply Favorite

Date: October 5th, 2012 2:39 PM
Author: Painfully honest sickened affirmative action



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723576)



Reply Favorite

Date: November 28th, 2012 10:30 PM
Author: Painfully honest sickened affirmative action



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#22130665)



Reply Favorite

Date: December 6th, 2013 9:34 AM
Author: Swashbuckling hideous institution



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579596)



Reply Favorite

Date: December 6th, 2013 2:24 PM
Author: fuchsia unhinged property

180 well done.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24581212)



Reply Favorite

Date: May 27th, 2017 2:50 PM
Author: Lemon Hell

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)



Reply Favorite

Date: May 12th, 2022 4:24 PM
Author: Misanthropic lake box office



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501373)



Reply Favorite

Date: October 4th, 2012 10:09 PM
Author: Umber dilemma wagecucks

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.



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718998)



Reply Favorite

Date: October 4th, 2012 10:15 PM
Author: Painfully honest sickened affirmative action

why do you steal from your employer bro?

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719060)



Reply Favorite

Date: October 4th, 2012 10:16 PM
Author: Umber dilemma wagecucks

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)



Reply Favorite

Date: October 4th, 2012 10:20 PM
Author: Painfully honest sickened affirmative action

sweet good luck bro

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719119)



Reply Favorite

Date: October 4th, 2012 10:20 PM
Author: Bespoke dragon

thought for sure this would be johnsmeyer

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719117)



Reply Favorite

Date: October 4th, 2012 10:24 PM
Author: Painfully honest sickened affirmative action

It's one of his alts

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719163)



Reply Favorite

Date: October 4th, 2012 11:19 PM
Author: Adventurous twinkling police squad

Flame.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719634)



Reply Favorite

Date: October 4th, 2012 11:43 PM
Author: Painfully honest sickened affirmative action

cr

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719909)



Reply Favorite

Date: October 5th, 2012 9:18 AM
Author: judgmental pearl hospital foreskin

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)



Reply Favorite

Date: October 5th, 2012 12:08 PM
Author: Soul-stirring Meetinghouse Tank

Fuck yo couch!

Buy another one you rich motherfucker!

Darkness is! Darkness is!

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722501)



Reply Favorite

Date: October 5th, 2012 6:42 PM
Author: Painfully honest sickened affirmative action



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21725143)



Reply Favorite

Date: May 27th, 2017 2:59 PM
Author: Flickering vivacious rehab



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409210)



Reply Favorite

Date: December 6th, 2013 9:29 AM
Author: Hyperactive Violet Selfie Locale



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579568)



Reply Favorite

Date: May 27th, 2017 2:50 PM
Author: Lemon Hell

Please sue. Best law suit ever.

(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409168)



Reply Favorite

Date: July 19th, 2017 2:01 PM
Author: demanding soggy casino



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809690)



Reply Favorite

Date: July 19th, 2017 2:33 PM
Author: Maize 180 Really Tough Guy Filthpig

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)



Reply Favorite

Date: August 28th, 2021 12:54 PM
Author: talented red idiot



(http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653)