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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...
adulterous sickened public bath
  10/04/12
take it and make him stop you
Elite patrolman spot
  10/04/12
Lmao!
Angry pozpig school
  10/04/12
...
Lemon Rehab
  10/05/12
what state?
Cheese-eating gay wizard
  10/04/12
lol
Judgmental soul-stirring market nibblets
  10/04/12
lol
massive sinister box office organic girlfriend
  10/04/12
...
Boyish embarrassed to the bone range reading party
  10/04/12
fuckin' steve
Excitant Burgundy Bawdyhouse Philosopher-king
  10/04/12
shitlaw steve
Lemon Rehab
  10/04/12
...
slippery silver degenerate french chef
  05/12/22
If I recall correctly from my 1L property class, you may hav...
Lemon Rehab
  10/04/12
180
Ungodly spruce scourge upon the earth
  10/04/12
...
Lemon Rehab
  10/04/12
Lol xoxo
amethyst new version volcanic crater
  10/04/12
The firm is the tenant. Analysis irrelevant unless the shitl...
Awkward emerald whorehouse sound barrier
  10/05/12
Couches aren't fixtures of any type.
Red Hospital
  10/05/12
Ah, yes, well, because I'm a BIGLAW billy rather than a shit...
Lemon Rehab
  10/05/12
This is so 180. Well done.
Laughsome Gunner Kitty
  10/05/12
tyty
Lemon Rehab
  10/05/12
180
Mind-boggling sooty nursing home
  10/05/12
180
shivering magical corner
  08/22/13
...
Beady-eyed Preventive Strike
  05/27/17
Bigfinderskeeperslaw
fragrant stag film
  07/19/17
180 if real, 180 if not real
Clear Cuckoldry
  10/05/12
...
Lemon Rehab
  10/05/12
...
Lemon Rehab
  11/28/12
...
Talented citrine private investor
  12/06/13
180 well done.
Federal fuchsia indian lodge
  12/06/13
Couches don't even get installed. The doctrine you're looki...
massive sinister box office organic girlfriend
  05/27/17
...
canary forum personal credit line
  05/12/22
Eh, I don't know about no couch but I'd probably be facing f...
misunderstood flushed plaza
  10/04/12
why do you steal from your employer bro?
Lemon Rehab
  10/04/12
I just have a thing for paper clips and post-it notes. I thi...
misunderstood flushed plaza
  10/04/12
sweet good luck bro
Lemon Rehab
  10/04/12
thought for sure this would be johnsmeyer
fragrant stag film
  10/04/12
It's one of his alts
Lemon Rehab
  10/04/12
Flame.
Thriller chocolate pistol institution
  10/04/12
cr
Lemon Rehab
  10/04/12
You are flame or the partner is a fucking idiot. In no way ...
Wonderful Shrine Nowag
  10/05/12
Fuck yo couch! Buy another one you rich motherfucker! ...
buck-toothed stain stage
  10/05/12
...
Lemon Rehab
  10/05/12
...
titillating cerise brunch
  05/27/17
...
shivering magical corner
  12/06/13
Please sue. Best law suit ever.
massive sinister box office organic girlfriend
  05/27/17
...
Exhilarant tripping coldplay fan
  07/19/17
lol no not a fucking fixture. And even if it was ... ? your...
Deranged Rigor
  07/19/17
...
slippery silver degenerate french chef
  08/28/21


Poast new message in this thread



Reply Favorite

Date: October 4th, 2012 5:28 PM
Author: adulterous sickened public bath

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: Elite patrolman spot

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: Angry pozpig school

Lmao!

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



Reply Favorite

Date: October 5th, 2012 11:10 AM
Author: Lemon Rehab



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



Reply Favorite

Date: October 4th, 2012 5:32 PM
Author: Cheese-eating gay wizard

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: Judgmental soul-stirring market nibblets

lol

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



Reply Favorite

Date: October 4th, 2012 6:30 PM
Author: massive sinister box office organic girlfriend

lol

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



Reply Favorite

Date: October 4th, 2012 6:35 PM
Author: Boyish embarrassed to the bone range reading party



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



Reply Favorite

Date: October 4th, 2012 6:39 PM
Author: Excitant Burgundy Bawdyhouse Philosopher-king

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: Lemon Rehab

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: slippery silver degenerate french chef



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



Reply Favorite

Date: October 4th, 2012 6:46 PM
Author: Lemon Rehab

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: Ungodly spruce scourge upon the earth

180

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



Reply Favorite

Date: October 4th, 2012 10:07 PM
Author: Lemon Rehab



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



Reply Favorite

Date: October 4th, 2012 10:08 PM
Author: amethyst new version volcanic crater

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: Awkward emerald whorehouse sound barrier

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: Red Hospital

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: Lemon Rehab

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: Laughsome Gunner Kitty

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: Lemon Rehab

tyty

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



Reply Favorite

Date: October 5th, 2012 2:17 PM
Author: Mind-boggling sooty nursing home

180

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



Reply Favorite

Date: August 22nd, 2013 11:20 PM
Author: shivering magical corner

180

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



Reply Favorite

Date: May 27th, 2017 2:49 PM
Author: Beady-eyed Preventive Strike



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



Reply Favorite

Date: July 19th, 2017 2:11 PM
Author: fragrant stag film

Bigfinderskeeperslaw

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



Reply Favorite

Date: October 5th, 2012 7:07 AM
Author: Clear Cuckoldry

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: Lemon Rehab



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



Reply Favorite

Date: November 28th, 2012 10:30 PM
Author: Lemon Rehab



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



Reply Favorite

Date: December 6th, 2013 9:34 AM
Author: Talented citrine private investor



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



Reply Favorite

Date: December 6th, 2013 2:24 PM
Author: Federal fuchsia indian lodge

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: massive sinister box office organic girlfriend

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: canary forum personal credit line



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



Reply Favorite

Date: October 4th, 2012 10:09 PM
Author: misunderstood flushed plaza

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: Lemon Rehab

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: misunderstood flushed plaza

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: Lemon Rehab

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: fragrant stag film

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: Lemon Rehab

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: Thriller chocolate pistol institution

Flame.

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



Reply Favorite

Date: October 4th, 2012 11:43 PM
Author: Lemon Rehab

cr

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



Reply Favorite

Date: October 5th, 2012 9:18 AM
Author: Wonderful Shrine Nowag

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: buck-toothed stain stage

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: Lemon Rehab



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



Reply Favorite

Date: May 27th, 2017 2:59 PM
Author: titillating cerise brunch



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



Reply Favorite

Date: December 6th, 2013 9:29 AM
Author: shivering magical corner



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



Reply Favorite

Date: May 27th, 2017 2:50 PM
Author: massive sinister box office organic girlfriend

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: Exhilarant tripping coldplay fan



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



Reply Favorite

Date: July 19th, 2017 2:33 PM
Author: Deranged Rigor

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: slippery silver degenerate french chef



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