# Delp v. Zapp's Drug & Variety Stores

> Oregon Supreme Court · September 10, 1964 · 238 Or. 538

URL: https://www.frixlaw.com/law-library/cases/9794886

## Case

- **Full name:** DELP v. ZAPP’S DRUG & VARIETY STORES Et Al
- **Court:** Oregon Supreme Court
- **Decided:** September 10, 1964
- **Citations:** 238 Or. 538; 395 P.2d 137; 1964 Ore. LEXIS 441
- **Precedential status:** Published
- **Opinion:** Dissent by Sloan
- **Judges:** Bossman, Sloan, Gtoodwin, Denecke, Lusk
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9794886

## Opinion text

*549 SLOAN, J.,
dissenting.
The trial court and the majority here treat the events recited in the opinion as separate and distinct acts of the defendant. I cannot agree. If it be granted that there was probable cause to detain plaintiff when she left the check-out counter, there was no probable cause therefor to believe her a thief and to pursue and later again apprehend her. The sum total of the conduct of the parties should have been submitted to the jury. The judgment should be reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9794886. Public record. Not legal advice.