By the agreement of the defendant to pay rent to the plaintiffs, the relation of landlord and tenant was established between the parties, and the action can be maintained. Hatch v. Bullock, 57 N.H. 15; Plumer v. Plumer, 30 N.H. 558; Russell v. Fabyan, 27 N.H. 529; Lucas v. Brooks, 18 Wall. 436.

Judgment for the plaintiffs.

BINGHAM, J., did not sit: the others concurred.