Lord Atkin.-

This is an appeal from the judgment of the Second Appellate Division of the Supreme Court of Ontario, which affirmed the judgment of Raney, J., in the Supreme Court of Ontario which dismissed the plaintiff's action. The action is brought by the plaintiff. Miss Florence Deeks, for breach of copyright, but in substance the action is for breach of confidence in permitting the plaintiff's unpublished manuscript to be used without the plaintiff's consent. The action is brought against the Macmillan Company of Canada, which is the company to which the plaintiff entrusted her manuscript; it is brought against Mr. H. G. Wells, who is said to have used the manuscript of the plaintiff improperly as the foundation of his book, The Outline of History, and it is brought against the Macmillan Company, Incorporated, of New York, Messrs. George Newnes, Limited, and Messrs. Cassell and Company, Limited, for having published the work of Mr. Wells which had been so composed. Now whether or not the book was used, handed over to Mr. Wells, and whether it was improperly used by him are pure questions of fact. Upon those questions of fact both Courts have come to a conclusion against the plai