An expected ruling in favor of digEcor. EDIG did not deny the claim.

A. Li-on Batteries
digEcor argues that e.Digital has breached the PO by not delivering any of the 1250 Li-on batteries that digEcor paid for. e.Digital does not deny that it failed to provide batteries to digEcor, nor does e.Digital deny that digEcor has paid for them. Accordingly, a summary judgment in favor of digEcor on its claim that e.Digital is in breach of the PO by not providing batteries is warranted. A judgment that digEcor is entitled to the purchase price of the batteries is also appropriate. To the extent that digEcor also seeks consequential damages on for failure to deliver the batteries, that claim presents a factual issue that, on this record, cannot be decided on summary judgment.