OPINION ON MOTION FOR REHEARING
OSBORN, Chief Judge.On motion for rehearing, we sustain in part Appellee’s Point of Error No. One, *232even though the point is not artfully drawn. The argument is made that the evidence supported the trial court’s finding of damages for breach of contract as a matter of law.
As shown by our original opinion, the jury found for the Appellee on its contract theory of recovery when it found the parties entered into a contract, and that Mark Scharer materially breached the contract. But, the jury also found that Appellee, John’s Cars, Inc., did not suffer any damages as a result of the breach of contract. On motion of the Appellee, the trial court disregarded the “None” finding on the damages issue and found damages as a matter of law for $5,820.00. We originally sustained Appellant’s Point of Error No. Three and concluded that the trial court erred in setting aside the jury’s answer of “None” and making a finding of damages as a matter of law. By Motion for Rehearing the Appellee asserts we erred in this regard.
When Mark Scharer testified he acknowledged that he had concluded after the work was performed on his Jaguar by John’s Cars, Inc., that he owed them money for some services, but not the amount that was claimed as due. He calculated that he still owed $5,434.00 and sent a check for that amount. That check was not accepted or cashed by John’s Cars, Inc., and the whereabouts of the check was unknown to all parties at the time of trial. Mr. Scharer testified on direct examination in this case as to the various calculation he had made as to what he thought was owed and what was claimed against him. He finally concluded as follows:
So, I subtracted those numbers from the original agreement that we had plus the extras. That came to a total of $5,434 that I owed John’s Cars.
This judicial admission was binding on the Appellant, as a party to the suit, and was sufficient for the trial court to find as a matter of law that Appellee sustained damages as a matter of law in that amount. The trial court had sufficient, evidence, as a matter of law, based upon the judicial admission, to set aside the jury finding of “None” and award damages in the amount of $5,434.00. The sworn testimony of Mark Scharer as to what he owed Appellee was sufficient to meet the test for a judicial admission and thereby support a judgment for the opposing party. See Griffin v. Superior Insurance Company, 338 S.W.2d 415 (Tex.1960). We reform the judgment to permit recovery of $5,434.00. Payment having been tendered, but refused, no prejudgment interest is recoverable. There is no point of error in the motion for rehearing complaining as to denial of attorney’s fees.
The judgment of the trial court will be reformed to provide that John’s Cars, Inc., have and recover from Mark R. Scharer the sum of $5,434.00, plus interest from April 15, 1988, and its costs.