Did the architect make a statement of fact in negotiations? Did he merely offer an opinion? What is it in the nature of his opinion that would convince a Judge that he misrepresented to the Perrys?

STATEMENT OF FACT OR OPINION? MRS AND MR PERRY DECIDED TO CONSTRUCT A BUILDING, WHICH THEY COULD RENT OUT TO STORES AS PART OF A SHOPPING COMPLEX. IN ORDER TO MAKE A PROPER RETURN ON THEIR INVESTMENT, THEY DETERMINED THAT THEIR DEVELOPMENT HAD TO BE CONSTRUCTED FOR LESS THAN $120 000. THE PERRYS MET WITH AN ARCHITECT WHO "GUESSTIMATED" THAT HE COULD DESIGN A PLAN THAT COULD BE CONSTRUCTED FOR $120 000 OR LESS. THE PERRYS AGREED TO HAVE THE ARCHITECT DRAW UP THE DESIGN PLANS FOR A FEE OF $5000. WHEN THE PERRYS LATER BROUGHT THE ARCHITECT'S PLANS TO A CONTRACTOR, THEY WERE TOLD THAT CONSTRUCTION OF THAT BUILDING WOULD IN FACT FAR EXCEED THEIR SPENDING LIMIT. THE PERRYS NOW REFUSE TO PAY THE ARCHITECT THE AGREED FEE FOR HIS PLANS ON THE BASIS OF WHAT THEY CLAIM TO BE A PRE-CONTRACTUAL MISREPRESENTATION ABOUT THE COST TO IMPLEMENT HIS CONSTRUCTION PLANS