This was suit upon a contract for the agreed price of certain goods alleged to have been shipped by the plaintiff from Paducah, Kentucky, to C. B. Aaron at Aaron, Georgia — a iron-agency prepaid station on the Midland Railroad. > The undisputed evidence showed that the goods were never received by Aaron, but the plaintiff showed that they were delivered to the carrier at Paducah, Kentucky. Ordinarily, delivery of freight to a common carrier is in law delivery to the consignee, but this rule can be varied by agreement. McCook v. Halliburton-Myers Co., 14 Ga. App. 381 (80 S. E. 863). In the instant case the original contract is ambiguous in respect to whether the goods were to be shipped free on board at Paducah, the freight to be paid by the consignee and deducted on payment of the bill for the goods, or whether the freight was to be prepaid by the shipper. The case turned on question, and the ambiguous contract should have been submitted to the jury for construction, with appropriate instructions thereon from the court. It follows that the court erred in directing a verdict for the plaintiff.

Judgment reversed.

concurring specially. I do not think the original contract or order is ambiguous. It clearly shows that the plaintiff, the shipper, was to prepay the freight. A witness for plaintiff swore: " Transportation charges were not prepaid.” H. G. Aaron, a son of the purchaser (who was dead), swore: "Aaron, Georgia, is a non-agency, prepay station, and was at the time these goods were ordered. These goods never arrived at Aaron, Georgia, as ordered over the Midland Railroad. No delivery was ever made to my father in his lifetime, nor to any of us since his death. *671We never got the bill of lading covering this shipment at all.” It was also shown and undisputed that “ in the event freight is shipped to Aaron, Georgia, and the freight is not prepaid, it is held up in transit and not allowed to be sent there until the freight is fully prepaid.” The order provided that the freight should be prepaid. This was not done. The goods never arrived at Aaron. Therefore I think the judge erred in directing a verdict for the plaintiff, and I concur in the judgment of reversal.