Morgan

Defendants appeal from an adverse judgment arising from an action for breach of contract and from an order denying a motion for a new trial. The order is not appealable. (Rodriguez v. Barnett, 52 Cal.2d 154, 156 [ 338 P.2d 907 ].) The facts material to this appeal are as follows: On April 27, 1959, plaintiffs, doing business as Western Restaurant Equipment Company, contracted in writing with defendants to sell and install on defendants’ premises certain items of restaurant equipment for the sum of $60,282.25. Under paragraphs “Fourth” through “Sixth” of this agreement (herein referred to as the “April contract”) three thousand dollars was to be paid initially with the balance payable upon completion of the installation by seller ; the seller was not required to commence performance until the balance of the purchase price or financing approved by it *891 had been obtained; and the seller reserved the right to obtain financing for defendant buyer with payments over a 60-month period if the buyer was unable to obtain financing approved by the seller.

On May 20, 1959, the parties entered into a modification agreement (herein referred to as the “May contract”).

The May contract…