## Facts

- Richard and Ena Mader sold land to Gladys Stephenson under a contract that later led to litigation.
- The trial court entered judgment for the Maders for $1,000 in contract damages plus interest from October 11, 1973, totaling $1,143.86.
- The Maders also sought attorney’s fees and additional litigation-related items, including airfare, telephone charges, compensation for their personal time, and other out-of-pocket expenses.
- The trial court denied the requested fees and expenses beyond the damages and interest awarded.
- The Maders appealed, challenging only the denial of attorney’s fees and the additional expenses.

## Issues

1. Whether a prevailing party in a contract action may recover attorney’s fees absent statutory authority or a contractual fee provision.
2. Whether a prevailing party may recover travel expenses, telephone expenses, and compensation for personal time spent preparing and prosecuting the lawsuit as “costs” absent statutory authorization.

## Decision

- The Wyoming Supreme Court affirmed the trial court’s denial of attorney’s fees and the additional requested expenses.
- The court held attorney’s fees are not recoverable absent a statute or an agreement between the parties providing for fee shifting.
- The court held travel expenses, telephone expenses, and compensation for a party’s time in preparing a lawsuit are not taxable costs because Wyoming cost recovery is limited to items authorized by statute.
- The underlying damages and interest award to the Maders was left intact.

## Legal Principles

- Under the American Rule, each party bears its own attorney’s fees unless a statute or contract provides otherwise.
- Courts lack authority to award attorney’s fees as damages or costs in the absence of statutory or contractual authorization.
- Recoverable “costs” in civil litigation are limited to those items expressly permitted by statute.
- Travel expenses and compensation for time spent preparing a lawsuit are not recoverable as costs without statutory authorization.

## Conclusion

The court reaffirmed that, in Wyoming contract litigation, attorney’s fees and nonstatutory litigation expenditures (including travel, phone expenses, and compensation for a party’s time) cannot be added to a judgment unless a statute or the parties’ contract expressly authorizes such recovery, and that taxable costs are limited to items specified by statute.


Mader v. Stephenson, 552 P.2d 1114 (Wyo. 1976)