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This section contains the nature of the case and procedural background.

Mianecki (D) made a contract with McDonald (P) to build a house on a piece of property that D controlled. The contract called for the price and that the house would be served from a well to be constructed by D and that the well system would be guaranteed for one year. After the house was finished problems arose with the water in the house. The water had an unacceptably high iron content in the water. This was apparently solved by the installation of a water softener/conditioner. However, the problems with the water continued. P sued under the contention that the water prior to passing through the conditioner never met state standards of potability. The jury found liability under a breach of implied warranty. The jury received instructions about placing P in a position he would have been in had the implied warranty not been breached and that P was entitled to out of pocket expenses, compensation for the deterioration in their standard of living, and the reduction in the fair market value of their home. The reward was for $32,000 in damages. D appealed, and the verdict was upheld. D appealed again to this court.

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