# Costonis v. Medford Housing Authority

> Massachusetts Supreme Judicial Court · June 30, 1961 · 343 Mass. 108

URL: https://www.frixlaw.com/law-library/cases/9721706

## Case

- **Full name:** George Costonis vs. Medford Housing Authority
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** June 30, 1961
- **Citations:** 343 Mass. 108; 176 N.E.2d 25; 1961 Mass. LEXIS 611
- **Precedential status:** Published
- **Opinion:** Dissent by Weittemore
- **Judges:** Weittemore, Wilkies, Spaldieg, Williams, Whittemoke, Cutter, Kirk, Spiegel
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9721706

## How later opinions describe it (automated extraction)

- finding that the executive director of the Medford Housing Authority had implied and apparent authority to orally agree to modifications to a contract, notwithstanding a contract provision requiring all changes to be made pursuant to a written order of the Authority

## Opinion text

Weittemore, J.
(with Spalding, J., and Cutter, J.) dissenting. The evidence, we submit, does not support the conclusion that Palumbo had apparent or implied authority to modify the contract. In determining the authority of such an agent the rules for State and municipal contracts should be applied. On the facts, however, even under the rules applicable to a private corporation the Authority would not be bound by an attempt by Palumbo to change the contract. Furthermore, the evidence does not show that Palumbo attempted to modify the contract to permit the plaintiff to recover without a written change order.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9721706. Public record. Not legal advice.