ance.  And  if  the  National  Bank,  specified  in  the  contract,  re-
fused to  become  the  depository  for  the  purposes  of  the  agree-
ment, 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,  as  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.
But  counsel  for  the  plaintiff  in  error  contends  that  such  is
not  its  legal  effect  under  the  Code  of  Iowa,  which  also  regulates
the  pleading  and  practice  in  such  courts  as  the  courts  of  the
United  States  sitting  in  that  State.
By  §  2715  of  the  Iowa  Code,  it  is  provided  that  "in  pleading
the  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  §  2712  enacts  that  every  material
allegation  in  a  pleading  not  controverted  by  a  subsequent  plead-
ing shall,  for  the  purposes  of  the  action,  be  deemed  true.
