Michael W. and Elizabeth Magner, filed suit against Stephanie Crawford Gaskill, Robert E. Gaskill, Tim Gaskill, individually and as BarleyNeckUSA Antiques and Gaskill Antiques in the 24th Judicial District Court on Jan. 8.
The Magners claim they won two items in an online auction described as an antique oil painting and a Victorian era easel through eBay.com. The plaintiffs
allege that shortly after the sale they were given a few business days to pay the amount owed for the items and that it was their belief since one of the days
within that time period was a national holiday, New Year’s Day, that they were not to count that day as a business day. The Mangers assert the sellers canceled
the contract because they had not forwarded the funds within the correct period of time. The plaintiffs claim that when they contacted the sellers later on and
threatened a lawsuit a representative for the company claimed they were only the assignees of the items and that the owners had asked for items to be returned to
The defendant is accused of breach of contract.
An unspecified amount of damages is sought attorney’s fees, lost profits, pain and suffering and legal and equitable relief.
The Magners are represented by Lisa A. Montgomery of Kingsmill Riess LLC.
The case has been assigned to Division P Judge Lee V. Faulkner Jr.