HILL, Judge.
The parties stipulated to certain facts not alleged in the complaint for the purpose of the hearing on defendants' motion. It is clear from the order entered that the trial court considered the stipulated facts. The defendants' motion to dismiss for failure to state a claim was thereby converted into a motion for summary judgment. See G.S. 1A-1, Rule 12(b); Kessing v. Mortgage Corp., 278 N.C. 523,
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