Western Building Co. v. J. C. Penney Co.

’CAMPBELL, P. J.

Plaintiff owned a four-story 'brick building in the business section of Mitchell, S. D. The three stories above the main floor were constructed and have been used for office purposes. The main or ground floor was designed and constructed for occupancy by a bank and was so used: and occupied by the Western National Bank until its closing some time in 1924. The rear portion of the ground floor was divided into- apartments or rooms suitable for small stores and a barber shop and was so occupied and used. In the basement were heating equipment, storage space, etc. In July, 1926,…