Hill v. Smith - 62 U.S. 283 (1858)
U.S. Supreme Court
Hill v. Smith, 62 U.S. 21 How. 283 283 (1858)
Hill v. Smith
62 U.S. (21 How.) 283
Where it appeared from the record that a party sold land to a railroad company, the price of which was paid in the stock of the company, guaranteed by certain persons to be at par after a named time, and suit was brought upon this written contract, the case does not appear to be open to a demurrer by the defendants, and the judgment of the court below sustaining such a demurrer must be
reversed. It is an original contract, and, being declared on as such, the plaintiffs are entitled to judgment.
This was an action brought upon the contract recited in the opinion of the Court, to which there was a general demurrer, which was sustained by the circuit court.
Hill who was the plaintiff, then brought the case up to this Court by a writ of error.