Legal Opinion

Boise Cascade Corp. v. Stephens

Utah Supreme Court

Decided December 14, 1977No. 14915PublishedCited by 1 opinion

1Opinion of the Court

ELLETT, Chief Justice:

This appeal involves only one proposition, viz.: When a materialman signs a lien waiver for material furnished and thereafter furnishes additional material on the same job, does the priority date for the subsequent material relate back to the date of first delivery?

In order to get paid, the laborer or mate-rialman is compelled to sign a lien waiver which states that he “waives, releases, and discharges any lien or right to lien the undersigned has or may hereafter acquire against said real property.”

Even the respondents do not contend that the waiver means what it says.…

2Cases cited3 opinions

  1. Fields v. Daisy Gold Mining Co.Utah Supreme Court · 1902
  2. Brimwood Homes, Inc. v. Knudsen Builders Supply Co.Utah Supreme Court · 1963
  3. Gwilliam Lumber & Coal Co. v. El Monte Springs Corp.Utah Supreme Court · 1935

3Cited by1 opinion

  1. Nu-Trend Electric, Inc. v. Deseret Federal Savings & Loan Ass'nCourt of Appeals of Utah · 1990

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