J. C. Penney Co. v. Birrell

The parties appear here in the same order as in the trial court, and will be referred to as plaintiff and defendant.

The plaintiff was the lessee of certain storeroom premises in Haxtun, Colorado, and operated a merchandise business therein, under a lease dated July 31, 1929, and the defendant operated a grocery in the rear of same room occupied by plaintiff, and had so operated said grocery for several years before, when other parties occupied the front part of said room. Although it appeared that the grocery was operated as another department of the front main store, it in fact was operated…