South Dakota Statutes

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

South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-9 ACTIONS FOR SPECIFIC PERFORMANCE

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.

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Related

Wiggins v. Shewmake
374 N.W.2d 111 (South Dakota Supreme Court, 1985)
61 case citations
Rusch v. Kauker
479 N.W.2d 496 (South Dakota Supreme Court, 1991)
42 case citations
Jager v. Ramona Board of Education, Ramona School District
444 N.W.2d 21 (South Dakota Supreme Court, 1989)
41 case citations
Amdahl v. Lowe
471 N.W.2d 770 (South Dakota Supreme Court, 1991)
30 case citations
Centrol, Inc. v. Morrow
489 N.W.2d 890 (South Dakota Supreme Court, 1992)
28 case citations
Habeck v. Sampson
221 N.W.2d 483 (South Dakota Supreme Court, 1974)
11 case citations

Legislative History

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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