In the case of Berryman v. Board of Trustees of Whitman College (1911), plaintiff John R. Berryman, a professor at Whitman College, sued the college's board for breach of contract after he was dismissed from his position without notice or cause. The Supreme Court ruled in favor of the defendant, stating that while there was indeed an employment contract between Berryman and the college, it did not guarantee lifetime tenure as claimed by Berryman. Instead, it only guaranteed employment until such time as either party chose to terminate their agreement with proper notice given according to terms specified within said contract itself - which had been done properly by Whitman College when they terminated him due to financial difficulties faced by them during that period.

The dissenting opinion in the case of Berryman v. Board of Trustees of Whitman College argued that the majority's decision was flawed because it failed to properly consider the intent and wishes of Dr. Cushing Eells, who donated his property to establish a college for Christian education under control by Congregational Church. The dissent believed that this intention should have been honored even if it meant disregarding some legal technicalities about how trusts are established and managed. They also disagreed with the majority's interpretation that Eells' will did not create a trust but merely expressed a hope or wish, arguing instead that there were clear indications he intended to create an enforceable obligation on part of trustees to maintain religious character of institution as per his vision.