1336 72d C ONGRESS . SESS . II. C H. .128. FE BRUAR Y 27, 1933 . Obligations not spe- eif iea ll9 en forc eab le.
SEC. 1638. WHAT CAN NOT BE SPECIFICALLY ENFORCED .-The follow- ing ing obligations can not 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
4. An agre ement to p erfor m an act w hich the p arty has not po wer lawfully to perform when required to do so; 5. An agreement to procure the act or consent of the wife of the contracting party, or of any other third person ; or 6. An agreement, the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable . Cross REFERENCE What parties can not have specific performance, see section 1640 . What parties can not SEC . 1639 : W HAT PARTIES CAN NOT BE COMrELLED TO PERFORM : be compelled to per- form .
Specific performance can not be enforced against a party to a con- tract in any of the following cases 1. If he has not received an adequate consideration for the con- tract ; 2. If it is n ot, as to him , jus t and reasonable ; 3. If his assent was obtained by the misrepresentation, conceal- ment, circumvention, or unfair practices of any party to whom per- formance would become due under the contract, or by any promise of such party which has not been substantially fulfilled ; or 4. If his assent was given under the influence of mistake, misappre- hensi on, or sur prise , exc ept t hat w here the c ontra ct pr ovide s for compensation in case of mistake, a mistake within the scope of such provision . may be compensated for, and the contract specifically enforced in other respects,, if proper to be so enforced . What pa rti es em not SEC. 1640 . WHAT PARTIES CAN NOT H AVE SPECIFIC PERFORMANCE . IN ha ve spa ' i ance in their r'P favor erform- THEIR: FAVOR .-Specifc performance can not be enforced in favor of . a par ty who has not fully and fairl y per forme d all the condi tions precedent on his part to the obligation of the other party, except where his f ailur e to perfo rm is only part ial, and e ither enti rely im- material, or capable of being fully compensated, in which case spe- cif ic performance may be com pe lle d, up on fu ll compensation being ma de for the default . CRO SS R EFERE NCE What obligations can not be specifically enforced, see section 1638. Revisionofcontracts .
R EVISI ON OF CONTRACTS wbatmayberevised . SEC . 1641 . WHEN CONTRACT MAY BE REVISED .'-When, thro ugh fra ud or a mutual mis ta ke of the par ti es, or a mistake of one party, which the other at the ti me kn ew or susp ected , a w ritte n con tract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that inten- tion so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value . CR OSS REFERENCES Ante, p.1198.
Contract disregarded where not expressing intent through fraud or mistake . see section 551. Post, p. 1337 .
Revised to express intention, see section 1643 . Presumption as to SEC . 1642 . PRESUMPTION AS TO INTENT OF PARTIES .- Fo r the pu r- intent of parties .
Pos e of rev is ing a contract it mu st be presumed tha t all the parties thereto intended to make an equitable and conscientious agreement .
