The doctrine of performance is an application of the equitable maxim that "Equity imputes an intention to fulfill an obligation." Where a person is under obligation to do a certain act, and does an act which may or may not have been intended as a fulfillment thereof, or accomplishes the same result in a different manner than the manner specified, equity will consider the act done as a performance of the act which the party was under an obligation to do.

4 De Witt vs. Yates, 10 Johns, 156.

5 Thompson vs. Betts, 74 Conn. 576.

The two important classes of cases under this doctrine are as follows:

"Where a person covenants to purchase and settle, or to purchase and convey lands, and he afterwards purchases such lands, without expressing any purpose for which the purpose is made, and does not convey or settle them in pursuance of his covenant. 2. Where a person covenants to leave property by will, and he does not make the bequest, but on his death the covenantee receives the same kind of property by succession." 6

6 Pomeroy on Equity Jurisprudence, Sec. 579.