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Halp Bros--Old Law Firm Stole My Couch
| Ocher Stimulating Weed Whacker | 10/04/12 |
| magical marketing idea range | 10/04/12 |
| Supple Brilliant Pit Hissy Fit | 10/04/12 |
| Motley Ruby Trailer Park | 10/05/12 |
| Disrespectful Station | 10/04/12 |
| Marvelous property dysfunction | 10/04/12 |
| Emerald Forum Scourge Upon The Earth | 10/04/12 |
| Titillating theater stage | 10/04/12 |
| cerebral halford tanning salon | 10/04/12 |
| Motley Ruby Trailer Park | 10/04/12 |
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| Motley Ruby Trailer Park | 10/04/12 |
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| Motley Ruby Trailer Park | 10/04/12 |
| lascivious underhanded gay wizard | 10/04/12 |
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| Motley Ruby Trailer Park | 10/05/12 |
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| swashbuckling aqua hell | 10/05/12 |
| soul-stirring translucent masturbator house | 08/22/13 |
| gold floppy partner resort | 05/27/17 |
| bearded razzle-dazzle box office ceo | 07/19/17 |
| dark hairraiser athletic conference | 10/05/12 |
| Motley Ruby Trailer Park | 10/05/12 |
| Motley Ruby Trailer Park | 11/28/12 |
| puce flatulent abode genital piercing | 12/06/13 |
| startling misanthropic space | 12/06/13 |
| Emerald Forum Scourge Upon The Earth | 05/27/17 |
| Boyish Lake Idea He Suggested National | 05/12/22 |
| alcoholic rusted cruise ship | 10/04/12 |
| Motley Ruby Trailer Park | 10/04/12 |
| alcoholic rusted cruise ship | 10/04/12 |
| Motley Ruby Trailer Park | 10/04/12 |
| bearded razzle-dazzle box office ceo | 10/04/12 |
| Motley Ruby Trailer Park | 10/04/12 |
| Appetizing Roommate | 10/04/12 |
| Motley Ruby Trailer Park | 10/04/12 |
| odious twinkling uncleanness pervert | 10/05/12 |
| Wine bespoke nibblets selfie | 10/05/12 |
| Motley Ruby Trailer Park | 10/05/12 |
| galvanic iridescent parlor macaca | 05/27/17 |
| soul-stirring translucent masturbator house | 12/06/13 |
| Emerald Forum Scourge Upon The Earth | 05/27/17 |
| cerise base background story | 07/19/17 |
| Glassy Institution | 07/19/17 |
| Razzle citrine new version | 08/28/21 |
Poast new message in this thread
Date: October 4th, 2012 5:28 PM Author: Ocher Stimulating Weed Whacker 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: magical marketing idea range 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: Supple Brilliant Pit Hissy Fit 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: Motley Ruby Trailer Park (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011) |
Date: October 4th, 2012 5:32 PM Author: Disrespectful Station 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: Marvelous property dysfunction 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: Emerald Forum Scourge Upon The Earth 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: Titillating theater stage (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: cerebral halford tanning salon 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: Motley Ruby Trailer Park 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: Razzle citrine new version (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: Motley Ruby Trailer Park 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: aphrodisiac sapphire center sneaky criminal 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: Motley Ruby Trailer Park (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: lascivious underhanded gay wizard 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 aggressive famous landscape painting 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: navy indecent yarmulke school 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: Motley Ruby Trailer Park 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: vibrant liquid oxygen temple 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: Motley Ruby Trailer Park 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: swashbuckling aqua hell 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: soul-stirring translucent masturbator house 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: gold floppy partner resort (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: bearded razzle-dazzle box office ceo 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: dark hairraiser athletic conference 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: Motley Ruby Trailer Park (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: Motley Ruby Trailer Park (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: puce flatulent abode genital piercing (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: startling misanthropic space 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: Emerald Forum Scourge Upon The Earth 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: Boyish Lake Idea He Suggested National (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: alcoholic rusted cruise ship 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: Motley Ruby Trailer Park 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: alcoholic rusted cruise ship 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: Motley Ruby Trailer Park 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: bearded razzle-dazzle box office ceo 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: Motley Ruby Trailer Park 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: Appetizing Roommate 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: Motley Ruby Trailer Park 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: odious twinkling uncleanness pervert 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: Wine bespoke nibblets selfie 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: Motley Ruby Trailer Park (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21725143) |
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Date: December 6th, 2013 9:29 AM Author: soul-stirring translucent masturbator house (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: Emerald Forum Scourge Upon The Earth 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: cerise base background story (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: Glassy Institution 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: Razzle citrine new version (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653) |