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

SD Codified L § 21-9-2 (2019) (N/A)
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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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§ 21-9-1 Performance may be compelled except as provided.
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§ 21-9-3 Unfair and unreasonable contracts not specifically enforceable.