Obligations and agreements not specifically enforceable.

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21-9-2. Obligations and agreements not specifically enforceable.

The following obligations cannot be specifically enforced:

(1)An obligation to render personal service;

(2)An obligation to employ another in personal service;

(3)An agreement to submit a controversy to arbitration except as authorized in the Uniform Arbitration Act;

(4)An agreement to perform an act which the party has not power lawfully to perform when required to do so;

(5)An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person;

(6)An agreement, the terms of which are not sufficiently certain, to make the precise act which is to be done clearly ascertainable.

Source: CivC 1877, §1999; CL 1887, §4632; RCivC 1903, §2344; RC 1919, §2015; SDC 1939 & Supp 1960, §37.4602; SL 1971, ch 157, §26; SL 1979, ch 149, §11.


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