B & R SUPPLY COMPANY v. Bringhurst

CROCKETT, Justice:

B and R Supply Company sued to recover $1685.01, plus interest, costs and attorney’s fees on account of plumbing supplies delivered to defendants. Before trial, defendants tendered the principal amount owed but denied liability for attorney’s fees. Upon a trial of that issue the court ruled for the plaintiff on the basis of written statements on the invoices and awarded $420 attorney’s fees. Defendants appeal.

It is well established in our law that attorney's fees cannot be recovered unless provided for by statute or by contract. 1 Plaintiff bases its claim upon the…