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 § 53-11-2;
2. (2) Where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault;
3. (3) When the public interest will be prejudiced by permitting it to stand.

Source: CivC 1877, § 2008; CL 1887, § 4641; RCivC 1903, § 2353; RC 1919, § 2024; SDC 1939 & Supp 1960, § 37.0701.