Madison - St. Clair Record

Tuesday, August 20, 2019

Jerseyville man files countersuit in botched business deal involving eBay account

By Heather Isringhausen Gvillo | Nov 17, 2015


A man accused of participating in a botched business deal involving an eBay account and corresponding Facebook page has filed a countersuit, alleging the buyer failed to make payments.

Paul Woods of Cahokia filed the lawsuit on July 29 against Kenneth Fessler of Jerseyville.

According to the original complaint, Woods claims he entered into a contract on Aug. 18, 2014, with Fessler to buy commercial property in Cahokia and a separate contract to purchase JWF Enterprises Inc., doing business as Canyon Run. As part of the second agreement, Fessler was to transfer ownership of an eBay store called Chopped Rotten, which specializes in motorcycle parts, along with its corresponding Facebook page.

However, Woods alleges the defendant diverted PayPal funds to his own accounts instead of the plaintiff’s, closed the Chopped Rotten store and shut down its Facebook page, allegedly depriving Woods of access to approximately 6,000 customers, the suit states.

Woods claims he lost income and opportunity. He also alleges Fessler misrepresented the Cahokia property as free of liens and debts when the defendant actually allegedly owed outstanding federal, state and corporate taxes as well as debts to private entities and utilities.

Woods seeks an amount of more than $50,000, plus declarative judgment to nullify the agreements and repay him all monies, plus interest, attorney’s fees and costs.

Fessler answered the complaint on Sept. 17 through attorney Timothy Stubblefield of Bement and Stubblefield in Swansea, denying the allegations against him.

He filed a three-count counterclaim against Woods, arguing that he failed to make payments in accordance with the terms of the installment agreement despite repeated demands and failed to maintain insurance on the property, the countersuit states. He alleges Woods made only one $500 payment, causing Fessler to remove and take possession of all of JFW’s inventory.

Fessler also claims Woods offered goods for sale, accepted payment for the goods but then failed to deliver the goods.

Fessler seeks a judgment of more than $100,000, plus all late fees due under the terms of the installment agreement, plus attorney’s fees and costs.

On Oct. 21, Associate Judge Randall Kelley scheduled a status conference for Jan. 11 at 8:30 a.m.

St. Clair County Circuit Court case number 15-L-429

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