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TIFFANY CONST. CO. v. HANCOCK & KELLEY CONST. CO.

No. 1 CA-CIV 2508.

24 Ariz. App. 504 (1975)

539 P.2d 978

TIFFANY CONSTRUCTION COMPANY, and Fireman's Fund Insurance Company, Appellants, v. HANCOCK & KELLEY CONSTRUCTION COMPANY, an Arizona Corporation, and John Kissinger, dba B & K Construction, Appellees. HANCOCK & KELLEY CONSTRUCTION COMPANY, an Arizona Corporation, Cross-Appellant, v. John KISSINGER, dba B & K Construction, Tiffany Construction Company, and Fireman's Fund Insurance Company, Cross-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied October 22, 1975.

Review Denied December 9, 1975.

Attorney(s) appearing for the Case

Cunningham, Goodson & Tiffany, Ltd. by James P. Cunningham, Phoenix, for appellants.

Jennings, Strouss & Salmon by William F. Haug, M. Byron Lewis, Phoenix, and William C. Kennedy, Kingman, for appellees.

OPINION

JACOBSON, Presiding Judge.

This appeal presents the interesting question of whether a supplier of materials should be classified as a materialman or a subcontractor.

This question arose out of two separate actions instituted by appellees-cross-appellants, Hancock and Kelley Construction Co. (Hancock & Kelley) and Diversified Petroleum Products, Inc. (Diversified) against appellant-cross-appellees...

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