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In force2012 Revised Edition
Contents

Chapter IV

36. Alternative prayer for rescission in suit for specific performance

A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled;

and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.

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