Cattle were stolen from Richtmyer (P) from his ranch in Cherry county. D received the stolen cattle seven days after the theft and sold them in the open market. P admitted that D was an innocent party in the transactions. The dispute revolved around where the value of the cattle was to be determined. The trial judge chose Cherry county where the cattle were worth $3500 each as breeding stock. D wanted the market value as fetched on sale. P got the verdict and D appealed.