You are ignoring 80% of my argumentations to make your sophistic point, and then complaining "about everyone on HN", you're just being disingenuous.
We're talking about prepared food here (and potentially fraud), not books. And you talk to me about "first sale doctrine" in relation to prepared food claiming everybody here is ignorant?
However they should be very clear that this is what they are doing, and that issues with the food are now their responsibility.
We wouldn't be having this conversation if GH/Uber/etc. were clearly advertising "Call us at xxx-xxx-xxxx, we'll order takeout for you and deliver it".
If they pick up the phone when you call and say "This is grubhub, how can we help you?" we'd be in different territory.
As soon as you make it ambiguous about who you are ordering from, this is an issue of misrepresentation. Even if it does apply, first sale doctrine is a red herring.
You don’t need an agreement to resell product that you have purchased.
Or is everyone on HN now suddenly in favour of scrapping the first sale doctrine and allowing manufacturers to control if you can resell your property?
Madness. If GrubHub are able to buy the product they should be able to resell it.