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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...
comical main people
  10/04/12
take it and make him stop you
Histrionic Sepia Tattoo
  10/04/12
Lmao!
stimulating theater stage candlestick maker
  10/04/12
...
misunderstood parlour
  10/05/12
what state?
Sinister box office
  10/04/12
lol
Sapphire supple volcanic crater
  10/04/12
lol
Dark crawly twinkling uncleanness principal's office
  10/04/12
...
angry chapel organic girlfriend
  10/04/12
fuckin' steve
Bat-shit-crazy National Security Agency
  10/04/12
shitlaw steve
misunderstood parlour
  10/04/12
...
Chest-beating forum community account
  05/12/22
If I recall correctly from my 1L property class, you may hav...
misunderstood parlour
  10/04/12
180
Geriatric round eye
  10/04/12
...
misunderstood parlour
  10/04/12
Lol xoxo
yapping nibblets dysfunction
  10/04/12
The firm is the tenant. Analysis irrelevant unless the shitl...
cerebral gold friendly grandma
  10/05/12
Couches aren't fixtures of any type.
Clear Well-lubricated Cuckoldry Institution
  10/05/12
Ah, yes, well, because I'm a BIGLAW billy rather than a shit...
misunderstood parlour
  10/05/12
This is so 180. Well done.
Exhilarant Maize Native Yarmulke
  10/05/12
tyty
misunderstood parlour
  10/05/12
180
Green police squad crackhouse
  10/05/12
180
Aquamarine tantric resort gaming laptop
  08/22/13
...
Dead tanning salon
  05/27/17
Bigfinderskeeperslaw
Buff cruel-hearted plaza mexican
  07/19/17
180 if real, 180 if not real
Buck-toothed stirring boltzmann
  10/05/12
...
misunderstood parlour
  10/05/12
...
misunderstood parlour
  11/28/12
...
Floppy heaven famous landscape painting
  12/06/13
180 well done.
Lime heady center
  12/06/13
Couches don't even get installed. The doctrine you're looki...
Dark crawly twinkling uncleanness principal's office
  05/27/17
...
light embarrassed to the bone school
  05/12/22
Eh, I don't know about no couch but I'd probably be facing f...
talented step-uncle's house marketing idea
  10/04/12
why do you steal from your employer bro?
misunderstood parlour
  10/04/12
I just have a thing for paper clips and post-it notes. I thi...
talented step-uncle's house marketing idea
  10/04/12
sweet good luck bro
misunderstood parlour
  10/04/12
thought for sure this would be johnsmeyer
Buff cruel-hearted plaza mexican
  10/04/12
It's one of his alts
misunderstood parlour
  10/04/12
Flame.
Nighttime legend
  10/04/12
cr
misunderstood parlour
  10/04/12
You are flame or the partner is a fucking idiot. In no way ...
Twinkling Multi-colored Cumskin
  10/05/12
Fuck yo couch! Buy another one you rich motherfucker! ...
cobalt rehab trump supporter
  10/05/12
...
misunderstood parlour
  10/05/12
...
Erotic House-broken Site
  05/27/17
...
Aquamarine tantric resort gaming laptop
  12/06/13
Please sue. Best law suit ever.
Dark crawly twinkling uncleanness principal's office
  05/27/17
...
Transparent Market
  07/19/17
lol no not a fucking fixture. And even if it was ... ? your...
Excitant kitchen
  07/19/17
...
Chest-beating forum community account
  08/28/21


Poast new message in this thread



Reply Favorite

Date: October 4th, 2012 5:28 PM
Author: comical main people

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: Histrionic Sepia Tattoo

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: stimulating theater stage candlestick maker

Lmao!

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



Reply Favorite

Date: October 5th, 2012 11:10 AM
Author: misunderstood parlour



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



Reply Favorite

Date: October 4th, 2012 5:32 PM
Author: Sinister box office

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: Sapphire supple volcanic crater

lol

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



Reply Favorite

Date: October 4th, 2012 6:30 PM
Author: Dark crawly twinkling uncleanness principal's office

lol

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



Reply Favorite

Date: October 4th, 2012 6:35 PM
Author: angry chapel organic girlfriend



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



Reply Favorite

Date: October 4th, 2012 6:39 PM
Author: Bat-shit-crazy National Security Agency

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: misunderstood parlour

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: Chest-beating forum community account



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



Reply Favorite

Date: October 4th, 2012 6:46 PM
Author: misunderstood parlour

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: Geriatric round eye

180

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



Reply Favorite

Date: October 4th, 2012 10:07 PM
Author: misunderstood parlour



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



Reply Favorite

Date: October 4th, 2012 10:08 PM
Author: yapping nibblets dysfunction

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: cerebral gold friendly grandma

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: Clear Well-lubricated Cuckoldry Institution

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: misunderstood parlour

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: Exhilarant Maize Native Yarmulke

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: misunderstood parlour

tyty

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



Reply Favorite

Date: October 5th, 2012 2:17 PM
Author: Green police squad crackhouse

180

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



Reply Favorite

Date: August 22nd, 2013 11:20 PM
Author: Aquamarine tantric resort gaming laptop

180

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



Reply Favorite

Date: May 27th, 2017 2:49 PM
Author: Dead tanning salon



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



Reply Favorite

Date: July 19th, 2017 2:11 PM
Author: Buff cruel-hearted plaza mexican

Bigfinderskeeperslaw

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



Reply Favorite

Date: October 5th, 2012 7:07 AM
Author: Buck-toothed stirring boltzmann

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: misunderstood parlour



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



Reply Favorite

Date: November 28th, 2012 10:30 PM
Author: misunderstood parlour



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



Reply Favorite

Date: December 6th, 2013 9:34 AM
Author: Floppy heaven famous landscape painting



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



Reply Favorite

Date: December 6th, 2013 2:24 PM
Author: Lime heady center

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: Dark crawly twinkling uncleanness principal's office

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: light embarrassed to the bone school



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



Reply Favorite

Date: October 4th, 2012 10:09 PM
Author: talented step-uncle's house marketing idea

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: misunderstood parlour

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: talented step-uncle's house marketing idea

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: misunderstood parlour

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: Buff cruel-hearted plaza mexican

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: misunderstood parlour

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: Nighttime legend

Flame.

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



Reply Favorite

Date: October 4th, 2012 11:43 PM
Author: misunderstood parlour

cr

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



Reply Favorite

Date: October 5th, 2012 9:18 AM
Author: Twinkling Multi-colored Cumskin

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: cobalt rehab trump supporter

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: misunderstood parlour



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



Reply Favorite

Date: May 27th, 2017 2:59 PM
Author: Erotic House-broken Site



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



Reply Favorite

Date: December 6th, 2013 9:29 AM
Author: Aquamarine tantric resort gaming laptop



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



Reply Favorite

Date: May 27th, 2017 2:50 PM
Author: Dark crawly twinkling uncleanness principal's office

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: Transparent Market



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



Reply Favorite

Date: July 19th, 2017 2:33 PM
Author: Excitant kitchen

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: Chest-beating forum community account



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