at all. The record does not include any express agreement between Whittier and plaintiff transferring to plaintiff Whittier’s right to collect lk of the “total heating bill” from defendant. Thus it is not clear to this Court why plaintiff brought this suit rather than Whittier. Nevertheless, the parties seem to have agreed that Section 10 applies to plaintiff and defendant rather than Whittier and defendant. Defendant appears not to have ever raised the issue and itself expressly read “Buyer” as “Plaintiff’ in its summary judgment brief. Accordingly, we treat this as an implied stipulation between the parties to substitute plaintiff for Whittier in paragraph 10 of Exhibit D. See Accelerated, Framing, Inc. v. Eagle Ridge Builders, Inc., _ N.C. App. _, _, 701 S.E.2d 280, 283 (2010) (<HOLDING>). B. Summary Judgment We next address whether
holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement holding that even if the parties had formed a contract under  2207l the arbitration clause materially altered the contract and therefore did not become part of the parties agreement holding parties to an exculpatory clause where the parties intent is clear holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract holding that when a conflict arises between parties to a contract regarding the subject matter of that contract the contractual relationship controls and parties are not permitted to assert actions in tort in an attempt to circumvent the bargain they agreed upon