which are subject to the statute of frauds. There is no evidence of an agreement to share in the business liabilities of the lease operations. Indeed, there is only an agreement to contribute money to purchase an unspecified working interest in the field that was never reduced to writing. Accordingly, we sustain issue three. D. Damages and attorney’s fees In their fourth and six issues, Carpenter and Carpco challenge the award of damages and attorney’s fees. Because the bases of liability — breach of contract and breach of fiduciary duty by a part ner — have been negated by our previous determination of no enforceable agreement or partnership, we hold the trial court erred in awarding damages and attorney’s fees. See State Farm Life Ins. Co. v. Beaston, 907 S.W.2d 430, 437 (Tex.1995) (<HOLDING>); S. Pine Lumber Co. v. Andrade, 132 Tex. 372,
holding that a party may recover attorneys fees under section 38001 only if the party prevails on a cause of action for which attorneys fees are available and recovers damages holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered holding that attorneys fees are not recoverable for a nonprevailing party in a declaratory judgment action holding that although attorneys fees are usually not recoverable unless permitted by statute or contract contractual or statutory authorization was not necessary in a malpractice claim to recover attorneys fees and costs as damages holding that lexis fees are not taxable as costs but reserving ruling on whether such fees are recoverable as attorneys fees