In the Eastern Building and Loan Association v. Ebaugh case of 1901, the U.S Supreme Court dealt with a dispute over property rights and mortgage payments. The plaintiff, Eastern Building & Loan Association, had given a loan to Mrs. Ebaugh's husband who secured it by mortgaging his wife's property without her knowledge or consent. After Mr.Ebaugh’s death, the association sought to foreclose on the property due to non-payment of dues but Mrs.Ebaugh contested this action arguing that she was unaware of her husband's actions and thus should not be held responsible for his debts. The court ruled in favor of Mrs.Ebaugh stating that since she did not sign any documents related to securing the loan against her property nor was aware about such an agreement made by her deceased husband; hence she could not be held liable for repayment. This decision upheld women’s independent legal status as well as their right to own separate properties which cannot be used by husbands without their explicit permission.

In the dissenting opinion for Eastern Building and Loan Association v. Ebaugh, Justice Harlan argued that the majority's decision was in error because it failed to consider the full implications of a contract clause. He believed that this case should not be viewed as simply an issue of contractual obligation but rather one involving constitutional rights. The defendant, Mrs. Ebaugh, had entered into a loan agreement with Eastern Building and Loan Association under specific terms which she later found unfavorable due to changes in economic conditions. However, Justice Harlan maintained that these circumstances did not absolve her from fulfilling her obligations under the agreed-upon contract terms or give courts authority to alter those terms retrospectively based on subsequent events or considerations of fairness or equity. In his view, contracts must be upheld according to their original intent unless they violate public policy or law; otherwise it would undermine confidence in legal agreements and disrupt commercial transactions by introducing uncertainty about their enforceability.