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.
South Dakota Legal Code