from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
HIGHEST BIDDER, contracts. He who, at an auction, offers the greatest price
for the property sold.
2. The highest bidder is entitled to have the article sold at his bid,
provided there has been no unfairness on his part. A distinction has been
made between the highest and the best bidder. In judicial sales, where the
highest bidder is unable to pay, it is said the sheriff may offer the
property to the next highest, who will pay, and he is considered the highest
best bidder. 1 Dall. R. 419.