10 Of a false estimation, made by one hired to build a house. D. 19. 2. 60. § 4.
TItius desired an Artificer, to consider, and cer∣tify him, for what charges, a building of such a fashion, and proportion might be erected? He returned his judgement, That it might be done for two hundred pounds, whereupon Titius agreed with him to doe it, and furnisht him before hand, with a hundred pounds: Afterwards, when fifty pounds had been spent in the worke, he found that it could not be finisht under the charges of three hundred pounds. It was questioned, whether he were bound to suffer the Artificer to proceed there∣in: Labeo answered, If he proceeded after he was forbidden, Titius might recover the fifty pounds, of the hundred, which was not laid out at the time, when he was forbidden.