28-2-1714 When rescission may be adjudged

28-2-1714 . When rescission may be adjudged. The rescission of a written contract may be adjudged on the application of a party aggrieved: (1) in any of the cases mentioned in 28-2-1711 ; (2) where the contract is unlawful for causes not apparent upon its face and the parties were not equally in fault; or (3) when the public interest will be prejudiced by permitting it to stand.