Imperial Colliery Co. v. Fout

Fout (defendant), a coal miner striking against Milburn Colliery, leased a house on a month-to-month basis from Imperial Colliery (plaintiff); when Imperial gave notice to terminate the lease, Fout's attorney negotiated a two-month extension but Imperial ultimately sued for possession after Fout sought further extensions, and Fout asserted a retaliatory-eviction defense, alleging Imperial and Milburn were interrelated companies retaliating against him for participating in the strike. The trial court granted Imperial summary judgment, finding the strike participation unrelated to the tenancy, and Fout appealed.