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Halp Bros--Old Law Firm Stole My Couch
| motley rough-skinned locus | 10/04/12 |
| bipolar hunting ground | 10/04/12 |
| Avocado location | 10/04/12 |
| Electric boltzmann | 10/05/12 |
| vigorous wine knife | 10/04/12 |
| curious grizzly internal respiration | 10/04/12 |
| crusty theatre azn | 10/04/12 |
| out-of-control queen of the night sex offender | 10/04/12 |
| flesh histrionic boiling water old irish cottage | 10/04/12 |
| Electric boltzmann | 10/04/12 |
| Indecent Brilliant Mexican | 05/12/22 |
| Electric boltzmann | 10/04/12 |
| Wonderful State | 10/04/12 |
| Electric boltzmann | 10/04/12 |
| spruce parlor mediation | 10/04/12 |
| Vermilion Jet-lagged Brunch | 10/05/12 |
| 180 hyperventilating selfie toaster | 10/05/12 |
| Electric boltzmann | 10/05/12 |
| rebellious soul-stirring gay wizard | 10/05/12 |
| Electric boltzmann | 10/05/12 |
| White excitant university gaping | 10/05/12 |
| Odious clear lodge rigpig | 08/22/13 |
| laughsome community account | 05/27/17 |
| Orchid Senate Nibblets | 07/19/17 |
| cocky lavender theater | 10/05/12 |
| Electric boltzmann | 10/05/12 |
| Electric boltzmann | 11/28/12 |
| Trip twisted pisswyrm dilemma | 12/06/13 |
| Vivacious pocket flask range | 12/06/13 |
| crusty theatre azn | 05/27/17 |
| Green police squad ticket booth | 05/12/22 |
| Dun Corner | 10/04/12 |
| Electric boltzmann | 10/04/12 |
| Dun Corner | 10/04/12 |
| Electric boltzmann | 10/04/12 |
| Orchid Senate Nibblets | 10/04/12 |
| Electric boltzmann | 10/04/12 |
| Mind-boggling home | 10/04/12 |
| Electric boltzmann | 10/04/12 |
| irradiated alcoholic point masturbator | 10/05/12 |
| shimmering hairraiser tanning salon travel guidebook | 10/05/12 |
| Electric boltzmann | 10/05/12 |
| Godawful address | 05/27/17 |
| Odious clear lodge rigpig | 12/06/13 |
| crusty theatre azn | 05/27/17 |
| internet-worthy greedy genital piercing elastic band | 07/19/17 |
| puce floppy psychic space | 07/19/17 |
| Indecent Brilliant Mexican | 08/28/21 |
Poast new message in this thread
Date: October 4th, 2012 5:28 PM Author: motley rough-skinned locus 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: bipolar hunting ground 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: Avocado location 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: Electric boltzmann (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011) |
Date: October 4th, 2012 5:32 PM Author: vigorous wine knife 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: curious grizzly internal respiration 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: crusty theatre azn 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: out-of-control queen of the night sex offender (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: flesh histrionic boiling water old irish cottage 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: Electric boltzmann 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: Indecent Brilliant Mexican (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: Electric boltzmann 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: Wonderful State 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: Electric boltzmann (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: spruce parlor mediation 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: Vermilion Jet-lagged Brunch 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: 180 hyperventilating selfie toaster 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: Electric boltzmann 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: rebellious soul-stirring gay wizard 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: Electric boltzmann 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: White excitant university gaping 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: Odious clear lodge rigpig 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: laughsome community account (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: Orchid Senate Nibblets 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: cocky lavender theater 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: Electric boltzmann (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: Electric boltzmann (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: Trip twisted pisswyrm dilemma (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: Vivacious pocket flask range 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: crusty theatre azn 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: Green police squad ticket booth (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: Dun Corner 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: Electric boltzmann 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: Dun Corner 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: Electric boltzmann 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: Orchid Senate Nibblets 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: Electric boltzmann 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: Mind-boggling home 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: Electric boltzmann 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: irradiated alcoholic point masturbator 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: shimmering hairraiser tanning salon travel guidebook 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: Electric boltzmann (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: Godawful address (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: Odious clear lodge rigpig (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: crusty theatre azn 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: internet-worthy greedy genital piercing elastic band (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: puce floppy psychic space 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: Indecent Brilliant Mexican (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653) |