“In completing these decorations, the defendant incurred liabilities and expenses which brought the total cost of this house up to the sum of twelve thousand four hundred pounds, all of which expenditure has been defrayed by the plaintiff. This action has been brought by the plaintiff to recover from the defendant the sum of three hundred and fifty pounds expended by him in excess of a sum of twelve thousand and fifty pounds, alleged by the plaintiff to have been fixed by this correspondence as the maximum sum that the defendant had authority to expend.

“The question for me to decide is whether or no the defendant is liable to refund to the plaintiff this sum. In my judgment he is so liable.

691