I went ahead and filed a case in ebay. I didn't want to have too much time pass and not get ebay involved. This will have thing move along. I responded to him this morning, 5hrs ago and no response yet. I'm patient but I only go so far. The note left on the case filed stated;
This item was not the size advertised. Was damaged and not noted in ad or damaged during shipping. The item came poorly packaged and shipping was over charged.