Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-9-1 Performance may be compelled except as provided
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The specific performance of an obligation may be compelled, except as otherwise provided in the statutes relating to such remedy. Source: CivC 1877, § 1994; CL 1887, § 4627; RCivC 1903, § 2339; RC 1919, § 2010; SDC 1939 & Supp 1960, § 37.4601.
SDCL § 21-9-10 Compelling delivery of personal property to person entitled to possession
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Any person having the possession or control of a particular article of personal property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession. Source: CivC 1877, § 1993; CL 1887, § 4626; RCivC 1903, § 2338; …
SDCL § 21-9-11 Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause
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No specific relief can be granted to enforce a penal law, except in case of nuisance, nor to enforce a penalty or forfeiture in any case; but a contract otherwise proper to be enforced specifically may be so enforced, though a penalty is imposed or the damages are liquidated for …
SDCL § 21-9-2 Obligations and agreements not specifically enforceable
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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 ag…
SDCL § 21-9-3 Unfair and unreasonable contracts not specifically enforceable
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Specific performance cannot be enforced against a party to a contract in any of the following cases: (1) If he has not received an adequate consideration for the contract; (2) If it is not, as to him, just and reasonable; (3) If his assent was obtained by misrepresentation, conce…
SDCL § 21-9-4 Mutuality of remedy or full performance by plaintiff required for specific performance
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Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with…
SDCL § 21-9-5 Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults
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Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being…
SDCL § 21-9-6 Clear title required for specific performance of agreement to purchase property
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An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt. Source: CivC 1877, § 2002; CL 1887, § 4635; RCivC 1903, § 2347; RC 1919, § 2018; SDC 1939 & Supp 1960, § 37.4610.
SDCL § 21-9-7 Real property obligation enforceable against successor in interest--Good faith purchaser--Exoneration by conveyance
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Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or encumbrancer in go…
SDCL § 21-9-8 Performance or offer to perform in lieu of signature of written contract
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A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance. Source: CivC 187…
SDCL § 21-9-9 Adequacy of compensation for failure to transfer property
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It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation, and that the breach of an agreement to transfer personal property can be thus relieved. Source: CivC 1877, § 1996; CL 1887, § 4629; RCivC 1903, …