Holy Cross Parish v. Huether
South Dakota Supreme Court
1Opinion of the Court
DUNN, Justice.
Holy Cross Parish (appellant) appeals from an order and a judgment that dismissed its complaint on the merits with prejudice. We affirm in part, reverse in part, and remand.
In 1963, appellant contracted with appel-lee Huether (contractor) and appellee Herg-es (architect) to design and construct an auditorium in Ipswich, South Dakota. This building was completed and turned over to appellant in 1965. In 1977, due to the occurrence of a heaving and unevenness in the floor, appellant had performed a subsurface exploration of the concrete floor. This exploration revealed that the…
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