Stanley Matthews

“ And if the national bank, specified in the contract, refused to become the depository for the purposes of the agreement, none other could be substituted without the consent of both parties. This is the plain meaning of the stipulation. It is one the parties had a right to make; and their agreement on the subject is the law of the case. The denial in the answer of each and every allegation in the petition would certainly seem, so far as words are concerned, to put in issue the performance in this respect, as in every other, on the part of the plaintiff, alleged in the petition. ”

“ By section 2715 of the Iowa Code, it is provided that, 'in pleading performance of conditions precedent in a contract, it is not necessary to state the facts constituting such performance, but the party may state generally that he duly performed all the conditions on his part;' and section 2812 enacts that every material allegation in a pleading not controverted by a subsequent pleading shall, for the purposes of the action, be deemed true. ”

“ No distinction can be drawn between the application of the rule to the cases mentioned in section 2716 and that specified in section 2715; and upon such a question we feel bound to adopt the construction of the state Code which has been established by the decisions of the supreme court of Iowa. ”