21-12-1. Grounds for rescission.
The rescission of a written contract may be adjudged on the application of a party aggrieved:
(1)In any of the cases mentioned in §53-11-2;
(2)Where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault;
(3)When the public interest will be prejudiced by permitting it to stand.
Source: CivC 1877, §2008; CL 1887, §4641; RCivC 1903, §2353; RC 1919, §2024; SDC 1939 & Supp 1960, §37.0701.