Verplank Concrete & Supply, Inc. v. Marsh

Mr. JUSTICE GREEN,

specially concurring:

I agree that the judgment of dismissal should be reversed. Under the rule of Hoier v. Kaplan, however, on remand I would limit any lien proved to the amount to be paid for the concrete. Although Adler v. World’s Pastime Exposition holds that a lien is defeated if lienable and nonlienable items cannot be separated, here the bills attached to the complaint indicate that a clear separation can be made. See Drollinger v. Cowen (1929), 251 Ill. App. 215.