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.
Structure South Dakota Codified Laws
Chapter 09 - Actions For Specific Performance
Section 21-9-1 - Performance may be compelled except as provided.
Section 21-9-2 - Obligations and agreements not specifically enforceable.
Section 21-9-3 - Unfair and unreasonable contracts not specifically enforceable.
Section 21-9-6 - Clear title required for specific performance of agreement to purchase property.
Section 21-9-8 - Performance or offer to perform in lieu of signature of written contract.
Section 21-9-9 - Adequacy of compensation for failure to transfer property.
Section 21-9-10 - Compelling delivery of personal property to person entitled to possession.