Traxler Co. v. John Hancock Mutual Life Insurance

Birdsong, Presiding Judge.

The Traxler Company appeals from the grant of summary judgment to John Hancock Mutual Life Insurance Company, Inc. in John Hancock’s action against Traxler to recover for breach of a novation and release executed between the parties to resolve a dispute arising from Traxler’s lease of office space from John Hancock. Traxler asserted, in counterclaim, that John Hancock is not entitled to recover under the novation and release because it was not effective, and because Traxler was constructively evicted from the premises.

The record shows that after Traxler began a…