BOISE CASCADE CORP. v. STEPHENS

No. 14915.

572 P.2d 1380 (1977)

BOISE CASCADE CORPORATION, dba Bestway Building Center, a Delaware Corporation, Plaintiff and Appellant, v. John R. STEPHENS et al., Defendants and Respondents.

Supreme Court of Utah.

December 14, 1977.


Attorney(s) appearing for the Case

Watkiss & Campbell, Robert S. Campbell, Jr., Robert D. Maack, Duane R. Smith, Salt Lake City, for plaintiff and appellant.

Dale T. Browning, Ogden, John T. Kesler, W. Clark Burt, Kay M. Lewis, Salt Lake City, for defendants and respondents.


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 materialman is compelled to sign a lien waiver which states that he "waives, releases, and discharges any lien or right to lien the undersigned...

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