LAWC Holdings v. Vincent Watford

Citations

• 2024 ND 16

Syllabus

Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. Generally, the prevailing party to a suit, for the purpose of determining who is entitled to costs, is the one who successfully prosecutes the action or successfully defends against it, prevailing on the merits of the main issue, in other words, the prevailing party is the one in whose favor the decision or verdict is rendered and the judgment entered. A successful litigant is not entitled to attorney's fees unless they are expressly authorized by statute or by agreement of the parties. Under N.D.C.C. § 32-03-09, no damages can be recovered for a breach of contract if they are not clearly ascertainable in both their nature and origin. An award of costs under N.D.C.C. § 28-26-10 is discretionary, and a district court's decision on an award of disbursements under N.D.C.C. § 28-26-06 will be overturned on appeal only if an abuse of discretion is shown. This Court and the district courts possess concurrent jurisdiction to award attorney's fees on appeal however, a preference exists that the initial determination be made by the district court.