Boam

Defendants Trident Financial Corporation et al., appeal a judgment on a jury verdict in favor of plaintiffs Keith Boam et al., in plaintiffs’ action for rescission of a limited partnership agreement, violation of California securities laws, and negligence. Defendants contend the damages were excessive as a matter of law because plaintiffs could have mitigated their losses, and because plaintiffs’ own conduct was the proximate cause of certain losses on their investments.

In their appeal, plaintiffs contend the jury erroneously failed to include interest on the damages as required by the court’s instructions.

Facts

In autumn 1979 plaintiffs Boam, Parsons, Giles, and Gandrud invested in a limited partnership formed to purchase the Louis Pasteur Medical Office Building (the property) in San Antonio, Texas. They were solicited to invest by defendant George Bell, president of Trident Financial Corporation (Trident), a company syndicating real estate purchases and acting as general partner in the limited partnerships formed to effectuate the purchases.

In April 1980 plaintiff Leeds invested in the partnership and Giles and Boam made additional investments. In June 1980…