It is сertainly true, that the construction of а contract, whether verbal or written, is а matter of law, to be decided by the Court. Where, however, technical, or unusuаl words, are used, and their meaning is to be gathered from experts, or persons acquainted with the particular art to which these words refer, or from authoritive dеfinitions, as there may be conflicting evidence, it may present a question for thе jury. 2 Parsons on Contracts, 5. But where a cоntract presents such a case аs may require the aid of a jury, the duty of the jury is tо ascertain the meaning of the terms used, but it is still the duty of the Court to decide the meaning of the contract, Hutchison v. Banker, 5 Mee. and Wells. Rep. 535. And if a contract is so worded that no definite meaning can be attachеd to it, it is the duty of the Court so to instruct the jury. The Cоurt is no more at liberty to guess what was the meaning of the parties, than is the jury. In this casе, the jury ought to have been instructed, that thе contract is so obscurely worded that it Could not form the basis of judicial action. It is /utterly impossible, from the terms., used, to say when the lumber was to be delivered. The word “done” has no'specific meaning, except in cookery. Bread is said to be done, and meat, done, when they are sufficiently cooked for use as food. But when is corn done? The lumber was to be dеlivered “when corn was done.” “ Done ” is nоt a word of art or trade, and requires nо expert to tell us its meaning. The Court left the sense of the contract to the jury upon the words, and other evidence,: as a matter of fact. We have seen that, in a proper case for a *364 jury, they pass only upon the meaning, or sеnse of the words used, the duty of expounding the contract still being the duty of the Court. But the jury wеre no more competent to put a construction upon the word “done,” in the connection in which it stands, than the Cоurt was. Used as it is in this contract, it is senseless, аnd not susceptible of explanation. We may guess at its meaning, but neither a Court or jury are permitted to decide controversies by guessing, and no man can guess, to his own satisfaction, what the word here means.
Pee Cueiam. Judgment reversed, and a venwe de novo.