Lennox Industries, Inc. v. City of Davenport

REYNOLDSON, Chief Justice.

Plaintiff Lennox Industries, Inc. (Len-nox), brought this equity action to establish its claim under chapter 573, The Code 1979, for materials furnished ABC Supply Co. (ABC), which it alleged was a subcontractor on a public improvement project. Trial court, finding that ABC was a materialman and not a subcontractor, held Lennox could not recover. We reverse and remand.

In December 1977 the City of Davenport took bids to remodel a police station. Shir-Jim, Inc., d/b/a Northwest Plumbing & Heating Co., was the successful bidder for the mechanical work. It entered into a…