authority, the American Rule assumes each party to a lawsuit bears its own attorney fees. See, e.g., Western Nat’l Mut. Ins. Co. v. University of North Dakota, 2002 ND 63, ¶ 49, 643 N.W.2d 4; Fisher v. American Family Mut. Ins. Co., 1998 ND 109, ¶ 23, 579 N.W.2d 599; Zuern v. Jensen, 336 N.W.2d 329, 330 (N.D.1983). Consequently, in the absence of express statutory or contractual authorization, attorney fees incurred by a plaintiff in litigation are not recoverable as an item of damages, see Nord v. Herman, 1998 ND 91, ¶ 27, 577 N.W.2d 782, because attorney fees “are not a legitimate consequence of the tort or breach of contract.” Farmers Union Oil Co. v. Maixner, 376 N.W.2d 43, 48 (N.D.1985). See also Barsness v. General Diesel & Equip. Co., Inc., 422 N.W.2d 819, 827 (N.D.1988) (<HOLDING>). Successful litigants are also not
holding party in breach could not maintain suit for breach of contract holding immaterial breach did not constitute breach of contract holding that in an action for breach of contract only nominal damages can be recovered if there is no evidence produced from which the facts necessary to determine damages under the proper rule can be determined recognizing attorney fees and expenses may be recovered if they constitute damages from the breach of a contract but not if they are incurred in proving the breach recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract