Hieb v. Opp

This action arises from a contract for the installation and construction of a sewage system to service a new home constructed in rural Eureka, South Dakota. Floyd Opp (Opp) was the owner of the property and he entered into the contract with Stanley Hieb (Hieb). After completion of the house, difficulties arose with the sewer system, as a result of which Opp refused to pay the balance on the contract. Hieb brought suit for the balance due on the contract and Opp counterclaimed for damages alleging deficient performance on the contract. The trial court dismissed both claims upon the grounds…