In an action by the vendee in a contract for the sale of real property, to recover his deposit and for other relief, on the ground that he was unable to obtain a mortgage loan from the lending institution designated by the defendant, as provided for by the contract, the defendant appeals from a judgment of the County Court, Westchester County, entered June 19, 1962, upon the decision of the court after a nonjury trial, in favor of the plaintiff for $4,311.60. Judgment affirmed, with -costs. (For prior appeal in this action, see 13 A D 2d 543.) To conform the pleadings to the proof, the court on its own motion (Thorne Neale & Co. v. New York Southern Coal Term. Corp., 270 App.
