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 […]
21-12-2. Restoration to original condition required on rescission for mistake. Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same condition as if the contract had not been made. Source: CivC 1877, §2009; CL 1887, §4642; RCivC 1903, §2354; RC 1919, §2025; SDC […]
21-12-3. Compensation required of plaintiff for rescission. On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require. Source: CivC 1877, §2010; CL 1887, §4643; RCivC 1903, §2355; RC 1919, §2026; SDC 1939 & Supp 1960, […]
