Boise Cascade Corp. v. Stephens

I concur with the main opinion, and in remanding the case for a determination of facts necessary to settle the controversy. But in view of such remand, I desire to add certain observations concerning the waiver of the right to a lien, even though the principle I espouse is not necessarily involved in the facts presently shown herein.

It must be recognized that after a right to receive money, including wages, has accrued, it is a legitimate subject of waiver.1 However, with respect to the waiver of the right to liens which may accrue in the future, the situation is somewhat different. A primary…