The rescission of a written contract may be adjudged on the application of a party aggrieved:

1. (1) in any of the cases mentioned in 28-2-1711;
2. (2) where the contract is unlawful for causes not apparent upon its face and the parties were not equally in fault; or
3. (3) when the public interest will be prejudiced by permitting it to stand.

History: En. Sec. 4440, Civ. C. 1895; re-en. Sec. 6112, Rev. C. 1907; re-en. Sec. 8730, R.C.M. 1921; Cal. Civ. C. Sec. 3406; Field Civ. C. Sec. 1903; re-en. Sec. 8730, R.C.M. 1935; R.C.M. 1947, 17-905.