after stating the case: It was entirely proper for the court to leave the question of what constitutes á “carload” to the jury. It is not a term of any fixed or definite meaning in the law, but parol testimony was necessary to explain what the parties meant by it. It is a familiar rule that words or terms of doubtful or uncertain meaning may be explained by extrinsic evidence. It is said by a recent text-writer that “testimony as to the nature of the subject-matter referred to in a document, so as to enlighten the court in respect to it, may be given. It very frequently happens that the language of a contract leases it uncertain to just what the parties referred, and it is impossible for the court to enforce its provisions, or *484to compute damages under it, without some explanation.” McKelvey on Evidence, p. 462, sec. 301; 1 Greenleaf on Evidence (14 Ed.), sec. 288. In Bullock v. Finley, 28 Fed. Rep., 514, the Court applied the rule we stated above with reference to this very term, “car-load,” in the contract then in question, and said: “If nothing was agreed as to the quantity to make a 'car-load/ then the usual and established custom as to quantity in that business and trade, at the time and place of the contract, would fix the quantity meant by a 'car-load’ between the parties; and if no such usage or custom is shown, then what a car of usual capacity, used in carrying .such freight, could carry, would fix the quantity intended by the parties. In ascertaining what was meant and understood as to quantity, you must consider all the circumstances connected with the transaction between the parties disclosed in the evidence.” Cabinet Co. v. Herman, 7 Ind. App., 462. It was held in Goode v. Railway Co., 92 Iowa, 271, that, “when a general custom fixes a ‘carload’ at a certain number of pounds, the law presumes that a shipping contract which does not define the term was made with reference to such custom.” There was conflicting evidence introduced as to the meaning of the term “car-load” in shipping circles, and it was for the jury to say, under the instructions of the court, what the parties really meant in view of this general custom and usage. It is to be observed, also, that on an average, that is, if the total number of pounds is divided by three, the plaintiff shipped nearly 1,200 pounds less than three car-loads, estimated by the rating of the railroad company, which was 60,000 and 10 per cent added. This is not conclusive on the defendant, but it tends to repel the charge that the plaintiff was overloading the last of the three cars for the purpose of obtaining the contract price for a larger quantity than was bought by the defendant. There was also evidence of a waiver on the part of the defendant of exact compliance by plaintiff, or of facts which amounted to an election to take the last “car- . load.”
No error.